Ohio’s fall open-burning restrictions began this week on Thursday, Oct. 1. These rules, sometimes referred to as Ohio’s “burn ban,” place limits on certain outdoor fires, particularly during daytime hours when conditions can make fires more likely to spread, according to insights shared by Ohio-licensed attorney Nichole Y. Shafer.
Technically, Ohio law does not prohibit all outdoor fires during October and November. Instead, it restricts the kindling of fires used to burn wood, brush, weeds, grass, or rubbish between 6 a.m. and 6 p.m. This specific restriction, outlined in Ohio Revised Code Section 1503.18, applies to areas outside municipal corporations. Similar restrictions are also in place during March, April, and May.
There are some exceptions to these rules. Certain fires are permitted in plowed fields, gardens, or areas that meet specific distance requirements from woodlands, brushland, or dry grass.
However, simply waiting until 6 p.m. does not mean residents can burn whatever they wish. Ohio’s open-burning regulations include additional requirements concerning what materials can be burned, where fires can be located, and how they must be managed. Ohio EPA rules, for instance, regulate open burning and explicitly prohibit using otherwise permitted fires as a means to dispose of prohibited waste. Furthermore, local governments within Ohio may have their own specific ordinances or additional restrictions that residents must follow.
Certain materials should never be put into a backyard fire. Ohio’s regulations address specific materials and circumstances that have the potential to create air pollution, pose health risks, or lead to dangerous fires. When in doubt about whether a material can be legally burned, residents should consult their local fire department or the Ohio EPA for clarification.
These seasonal restrictions are in place for an important reason. Fall often brings dry leaves, dead vegetation, low humidity, and windy conditions. Under these circumstances, a fire that appears to be safely contained can quickly escape control, especially when the ground and surrounding vegetation are dry. Ohio law mandates that reasonable precautions must be taken to prevent a fire from spreading. It also specifies that fires must not be left unattended until they have been completely extinguished or safely covered.
The safest approach for residents during this time of year is to check the rules thoroughly before lighting any fire. This includes confirming whether a property is located inside or outside a municipal corporation, reviewing any local regulations, paying close attention to current weather conditions, and verifying that the material intended for burning is legally permitted. As Nichole Y. Shafer notes, the familiar phrase, "we’ve always burned our leaves this way," does not necessarily mean the practice is legal under current regulations. A few minutes spent checking the rules can prevent much larger problems later on.
For any specific questions or when uncertainty remains, contacting the local fire department, the appropriate state agency, or a qualified attorney is recommended before kindling a fire. Nichole Y. Shafer, an Ohio-licensed attorney at Schroeder Law LTD in Putnam County, offers these insights, though she emphasizes that this information is not intended as specific legal advice and individualized counsel should always be sought.
