Sometimes, but Ohio EPA's open burning rules decide it, and they turn on where the fire is and why the brush was cut. Outside the restricted areas in and around towns, the rule allows yard and farm brush to be burned when the fire is at least 1,000 feet from a neighbor's inhabited building and the other conditions are met, while brush cleared to develop land needs written permission from Ohio EPA first and cannot be burned inside a restricted area at all.
Who makes the rules
Open burning in Ohio is regulated by Ohio EPA under Chapter 3745-19 of the Ohio Administrative Code. The agency describes open burning as any outdoor fire that does not vent to a chimney or stack. A brush pile is exactly that. The state rule is the floor, not the ceiling. Ohio EPA's own guide notes that local rules cannot be less strict than state law, and a city, village or township can add limits of its own. So there are always two calls to make before lighting anything: Ohio EPA or your local air agency, and your local fire department.
Restricted areas: in and near towns
The rule splits the state into restricted and unrestricted areas. A restricted area is everything inside the limits of a city or village. It also takes in a zone 1,000 feet beyond the limits of a municipality with a population of 1,000 to 10,000, and a zone one mile beyond the limits of one with 10,000 or more. Everything else is unrestricted. This matters because burning brush from your yard or from land clearing is not among the fires the rule allows in a restricted area. If you live in or close to town, assume the answer is no and call to confirm.
Brush from your own home place
The rule calls it residential waste: brush, trimmings and other waste from the property of a one-, two- or three-family home. In an unrestricted area the rule allows it to be burned when set conditions are met. The fire must be at least 1,000 feet from any inhabited building that is not on your property. The pile must be stacked and dried so it burns well. The weather must carry the smoke away, and smoke cannot create a visibility hazard on a road, railroad or airfield. If the pile is larger than 10 feet by 10 feet by 10 feet, Ohio EPA must be notified in advance. Ask Ohio EPA and your fire department before you light it.
Brush from farming
Agricultural waste is material from crop, horticultural or livestock work, such as a fence row cleaned out on a working farm. In an unrestricted area the conditions match the residential ones, including the 1,000 feet, and advance notice to Ohio EPA is required when the pile is over 20 feet across by 10 feet high. Inside a restricted area farm waste may be burned only with prior notice to Ohio EPA and the same setback. One catch: the rule's definition of agricultural waste leaves out land clearing waste. Brush from opening up new ground is treated differently.
Land clearing waste: the part that catches builders
The rule defines land clearing waste as plant material removed to make land useful for residential, commercial or industrial development, or cleared for new agricultural development. Burning it is allowed only in an unrestricted area and only with written permission from Ohio EPA. The fire must be 1,000 feet from any inhabited building off the property, and an air curtain destructor, or another method Ohio EPA accepts as equally effective, must be used to hold down the smoke. The agency asks for at least ten working days to review a request. Clearing a lot to build a house puts your brush in this category.
Spring and fall daytime limits
A separate state forestry law, Ohio Revised Code section 1503.18, limits fires outside municipalities during the seasons when dead grass and leaves are dry. In March, April, May, October and November it bars kindling open fires between 6 a.m. and 6 p.m., with narrow exceptions such as a fire in a plowed field well away from woods, brush and dry grass. The same law says flammable material around a fire must be cleared back and no fire may be left until it is out or safely covered. The Ohio DNR Division of Forestry is the office to ask about it.
What can never go on the pile
State rules bar burning garbage, materials containing rubber, grease or asphalt, petroleum-based products such as tires and plastics, and dead animals. Building materials are also on the list of things that may not go in a brush fire. So old fence posts, boards from a fallen shed and the junk that turns up in an overgrown lot have to be separated out. Ohio EPA says violations can bring substantial penalties. In northeastern Ohio, questions go to Ohio EPA's Northeast District Office or your local air agency. Pennsylvania and West Virginia have their own rules, so check with those states and your municipality there.
The way around the problem: do not make piles
Most people who call us about burning do not really want a fire. They want the brush gone. Forestry mulching does that without a pile: the machine grinds brush and small trees where they stand and leaves the chips on the ground. There is no setback to measure, no permission to wait for and no smoke drifting toward the neighbors. That is a large part of why we recommend brush mulching for overgrown ground, and why lot clearing for a new home is planned around what will happen to the wood.
Common Questions
Can I burn a brush pile in my backyard inside city limits in Ohio?
Ohio EPA's guide says residential waste such as brush and trimmings may not be burned inside city or village limits, and the restricted zone reaches past the line around towns of 1,000 people or more. Small cooking and recreational fires fall under different conditions. Your city may be stricter still. Call your fire department and Ohio EPA before lighting anything.
How far does a brush fire have to be from a neighbor's house in Ohio?
Under Ohio EPA's rule, a fire burning residential, agricultural or land clearing waste must be at least 1,000 feet from any inhabited building that is not on your own property. On a typical lot or small acreage that distance is hard to meet, which rules out burning for a lot of people. Check your own distances and confirm with Ohio EPA.
Do I need permission from Ohio EPA to burn brush from clearing a building lot?
Yes. Brush cleared to develop land is land clearing waste under the rule. It may be burned only in an unrestricted area, with written permission from Ohio EPA, at least 1,000 feet from inhabited buildings off the property, using an air curtain destructor or an approved equal. Allow at least ten working days for the request. Ask Ohio EPA's district office about your site.
What to Do Next
Rules change and local limits vary, so confirm with Ohio EPA and your fire department before you burn. If you would sooner skip the piles, call Jeff at (330) 625-5754 for a free estimate on land clearing and brush removal. We work close to home across Trumbull County and around Cortland.