Is Open Burning Legal in Ohio After the 2026 Law Changes?

It is strictly regulated.

Ohio’s open burning rules hinge on Ohio EPA’s Ohio Administrative Code 3745-19 and local air pollution control agency variances. Permissible burns require site-specific approvals from the Ohio EPA or county health departments, with 2026 tightening expected under new particulate matter standards. Violations trigger fines up to $25,000 per day under the Clean Air Act.

Key Regulations for Open Burning in Ohio

  • Prohibited Materials: Burning household trash, construction debris, or tires is illegal statewide. Only clean wood, agricultural waste, or land-clearing brush may qualify, subject to local approval.
  • Permitting Requirements: A Burn Permit from the Ohio EPA or a county authority is mandatory for burns exceeding 100 cubic feet. Permits are denied in nonattainment zones like Cuyahoga County.
  • Seasonal Restrictions: Open burning is banned during ozone season (May–October) in 29 Ohio counties, including Franklin and Hamilton, per EPA’s 2024 air quality directives.

Local enforcement varies: the Northwest Ohio Air Quality Consortium and Southwest Ohio Air Quality Agency impose additional buffer zones near schools or hospitals. Non-compliance risks federal enforcement under the Clean Air Act’s Prevention of Significant Deterioration program. Always verify county-specific rules before proceeding.