No, open burning in Portugal is largely prohibited under national and EU environmental laws, with exceptions strictly limited to agricultural and forestry waste under ICNF authorization. Municipalities enforce local bylaws, and non-compliance risks fines up to €3,740. The 2026 National Air Quality Plan tightens enforcement, particularly in NUTS II regions with poor air quality.
Key Regulations for Open Burning in Portugal
- National Legal Framework: Decree-Law 124/2006 and Law 26/2018 prohibit open burning of household waste, plastics, and treated wood, aligning with EU Directive 2008/98/EC. Violations trigger penalties under the Environmental Code (Law 58/2012).
- Agricultural/Forestry Exceptions: Controlled burning of crop residues or forest debris requires prior approval from the Institute for Nature Conservation and Forests (ICNF) under Decree 124/2006, Art. 45. Permits mandate wind speed <10 km/h and 50m buffer zones from inhabited areas.
- Municipal Variations: Local councils (e.g., Lisbon’s Câmara Municipal) may impose stricter seasonal bans (typically May–October) via Regulamentos Municipais de Limpeza. Non-authorized burns face immediate municipal fines.
Enforcement Mechanisms: The Environmental Protection Agency (APA) and Guarda Nacional Republicana (GNR) conduct aerial and ground patrols, using satellite data to detect illegal burns. The 2026 Air Quality Plan mandates real-time monitoring in Alentejo and Centro regions, where agricultural burning is prevalent. Non-compliant landowners may also face liability under the Forest Fire Prevention Law (12/2022).