Is Open Burning Legal in Arkansas After the 2026 Framework Overhaul?

It is strictly regulated.

Open burning in Arkansas is permitted only under stringent conditions enforced by the Arkansas Department of Energy and Environment (ADEE) and local air quality boards, with outright prohibitions on most residential waste. The state aligns with federal Clean Air Act standards, requiring permits for commercial or large-scale burns and banning open burning of household trash, treated wood, and construction debris. Violations trigger penalties under ADEE’s 2024-2026 enforcement directives, including fines up to $25,000 per day.

Key Regulations for Open Burning in Arkansas

  • Permit Requirements: ADEE mandates permits for all open burning except small, controlled agricultural or land-clearing burns under 10 acres, which require county approval. Permits are denied for burns emitting hazardous pollutants or violating visibility standards.
  • Prohibited Materials: Burning household garbage, plastic, rubber, treated lumber, or any material containing lead, mercury, or asbestos is illegal. Violations are enforced under Arkansas Regulation 18, mirroring EPA’s 40 CFR Part 60.
  • Seasonal and Local Restrictions: Burning is restricted during ozone season (May–October) in nonattainment areas like Pulaski County, where the Central Arkansas Air Quality Control Board imposes additional controls. Local fire departments may impose further limits during high-wind or drought conditions.