Open Burning FAQs
- What is open burning?
- What is the Illinois law on open burning?
- Who regulates open burning?
- What about burning business or trade waste?
- Where do I go to find open burning permit applications?
- Are there standard conditions that must be followed when burning pursuant to an open burning permit?
- Is there a fee for open burning permits?
- Where do I send in my open burning permit application?
- When can I expect to receive my open burning permit?
- Do I need a separate permit for each burn site?
- When does my open burning permit expire?
- How do I renew my open burning permit?
What is open burning?
Open burning is the combustion of any matter in the open or in an open dump [415 ILCS 5/3.300].
Open burning permits are issued for the following burning activities:
Fire Fighter Training/Fire Extinguisher Training
Landscape Waste with Air Curtain Destructor
Prairie & Ecological Landscape Burns
Disaster Debris Open Burning
The applicant must complete and submit the appropriate application form.
What is the Illinois law on open burning?
Open burning is generally prohibited in Illinois unless there is a statutory exemption provided in the Environmental Protection Act (e.g., burning of landscape wastes upon the premises where it is produced) or unless there is an exemption provided for in the Illinois Pollution Control Board’s (Board) Part 237 rules. (e.g., agricultural wastes, household wastes and landscape wastes). Except for the burning of landscape waste, the exceptions authorized by the Board regulations are subject to the prohibition against air pollution. In addition, the exceptions provide for certain restrictions, including meteorological conditions and reasonable times/places and manner.
A common example of open burning that frequently occurs is the burning of landscape wastes. Landscape wastes, including trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, and yard trimmings may be open burned upon the premises where it is produced or at sites provided and supervised by any unit of local government, except within any county having a population of more than 400,000. The regulations identify certain prohibited areas where the open burning of landscape wastes is not allowed, however, a later enactment by the Illinois General Assembly to Section 9(f) of the Environmental Protection Act appear to nullify these requirements.
Burning of household waste (not including garbage) is allowed only on the premises where it is generated and outside any “restricted area” (defined as any city, village, or incorporated township plus a zone extending one mile beyond the boundaries when there is a population of 1,000 or more). Household waste is defined as waste generated from a single-family home. Household waste does not include landscape waste, garbage (food waste and diapers), trade waste (construction debris, roofing materials), appliances and other wastes not associated with domiciliary activities.
The other category of open burning that is commonly permissible is the burning of agricultural wastes, which must occur on the premises where the waste is generated but not in restricted areas. Such wastes include refuse that is generated on a farm or ranch by common crop or livestock production practices, including dry bedding and crop residues.
Miscellaneous requirements of the Part 237 regulations authorizing open burning include the burning of fuels for recreational use. Campfires and bonfires are allowed either on private property or in public areas where specified. In addition, the open burning of garbage is prohibited in Illinois.
Note: State law does not override local prohibitions or limitations on open burning.
Who regulates open burning?
The Illinois Pollution Control Board (Board) and the Illinois Environmental Protection Agency (Illinois EPA or Agency) regulate open burning.
Pursuant to 415 ILCS 5/9(c): No person shall cause or allow the open burning of refuse, conduct any salvage operation by open burning, or cause or allow the burning of any refuse in any chamber not specifically designed for the purpose and approved by the Agency…except that the Board may adopt regulations permitting open burning of refuse in certain cases.
Local (counties or municipalities, i.e., villages, towns, or cities) authorities/governments may also regulate open burning in areas where they have jurisdiction. Local ordinances may be more restrictive and may require independent permitting requirements. Local ordinances may require that additional permits be obtained.
What about burning business or trade waste?
The open burning of wastes generated by a business (also known as trade wastes) is generally illegal in the state of Illinois. A business owner can open burn its own landscape waste that is generated on the property of the business and may also burn agricultural waste if the business is a farm or ranch that is engaged in crop and livestock production practices.
Where do I go to find open burning permit applications?
Permit applications are located at Open Burning Permit Forms.
Are there standard conditions that must be followed when burning pursuant to an open burning permit?
Yes, these "Standard Conditions for Open Burning" are found in the IEPA Bureau of Air form APC-171.
Is there a fee for open burning permits?
No, open burning permits are free.
Where do I send in my open burning permit application?
Open burning permit applications may be mailed to:
Illinois EPA, Bureau of Air
1021 N. Grand Ave East
P.O. Box 19276
Springfield, IL 62794-9276
When can I expect to receive my open burning permit?
The Illinois EPA has ninety days (90) by law to issue open burning permits.
Do I need a separate permit for each burn site?
Permit applicants may apply for multiple burn locations under a single permit application.
When does my open burning permit expire?
Permits are typically issued for a term of one year, after which time they expire.
How do I renew my open burning permit?
The renewal application should be sent to the Illinois EPA at least 90 days prior to expiration of the current permit.Illinois Laws and Regulations on Open Burning Allow the Following Activities Without a Permit:
Cooking and campfires are allowed on private property and in public areas where specified.
The Following Activities are Never Allowed or Permitted:
Open burning of waste by a business is illegal (except for landscape waste generated to maintain the property and agricultural waste generated on the property under limited circumstances).
Examples of waste that can never be burned: commercial waste, garbage (i.e., food, food scraps, food packaging, and diapers), construction/demolition debris, tires, and materials containing asbestos.
Open burning of garbage, construction/demolition debris, tires, and materials containing asbestos is always prohibited.
If you live in any Illinois town or within one mile of a town with a population of 1,000 or more:
It is illegal to burn anything except for landscape waste. Local ordinances may be more restrictive and must be followed.