Is Open Burning Legal in China After the 2026 Regulatory Updates?

No. Open burning in China is broadly prohibited under national and provincial air quality laws, with exceptions tightly controlled by local environmental bureaus. Violations trigger fines, operational shutdowns, or criminal liability under the 2021 Air Pollution Prevention and Control Law, while 2026 revisions further restrict agricultural residue burning in key regions like the Yangtze River Delta.

Key Regulations for Open Burning in China

  • National Framework: The Air Pollution Prevention and Control Law (revised 2021, effective 2026) bans open burning of municipal waste, agricultural residues, and industrial byproducts, delegating enforcement to provincial ecological and environmental departments.
  • Provincial Variations: Regions such as Beijing-Tianjin-Hebei and the Pearl River Delta impose seasonal bans (e.g., March–June) and require permits for controlled burns, with penalties up to ¥500,000 (≈$70,000) for violations.
  • Agricultural Residue Controls: The 2023 Action Plan for Comprehensive Control of Agricultural Film and Straw Burning mandates mechanical collection or biofuel conversion, with local agricultural bureaus conducting drone surveillance in high-risk zones.

Local enforcement prioritizes urban areas and crop-growing regions, where particulate matter (PM2.5) spikes correlate with seasonal burning. Non-compliance risks administrative orders from the Ministry of Ecology and Environment or public interest litigation under the Environmental Protection Law.