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

It is strictly regulated.

Open burning in Tennessee is legal only under stringent conditions set by the Tennessee Department of Environment and Conservation (TDEC) and local air pollution control districts. Permits are mandatory for most burns, with exceptions for small, non-hazardous fires. Violations incur fines up to $26,000 under the Clean Air Act, and local ordinances may impose additional restrictions. The 2026 compliance framework tightens enforcement, particularly near urban areas and during ozone season (May–September).

Key Regulations for Open Burning in Tennessee

  • Permit Requirements: A TDEC-approved open burning permit is required for all burns except recreational fires under 2 feet in diameter. Agricultural burns need prior notification to the TDEC Division of Air Pollution Control.
  • Prohibited Materials: Burning household garbage, tires, treated wood, and construction debris is illegal. Only vegetative matter (e.g., leaves, brush) may be burned, and only if it does not create a nuisance or violate local air quality standards.
  • Location Restrictions: Burning within 500 feet of occupied structures is prohibited unless the fire is contained in a burn barrel meeting TDEC specifications. Urban counties (e.g., Davidson, Shelby) enforce stricter buffer zones and seasonal bans.