Ohio Farmers Face Strict Open Burning Rules This October and November

By Andi Anderson

As October begins, Ohio’s open burning restrictions return. State law prohibits most open burning from 6 a.m. to 6 p.m. throughout October and November, when dry and windy conditions greatly increase the risk of fires spreading.

Fire crews are often short-staffed during the day, making prevention especially important.

While burning is generally discouraged during drought conditions, Ohio law allows farmers and farmland owners to burn “agricultural waste” after 6 p.m., but only under strict conditions. Agricultural waste includes materials like woody debris, plant matter from flooding, and some packaging materials generated by farming activities.

However, it does not include buildings, garbage, dead animals, manure, tires, plastics, or “land clearing waste” from new development. Large piles exceeding 20 feet by 10 feet require advance permission from the Ohio EPA.

Location is also critical. Agricultural waste must be burned on the same property where it was generated, never transported elsewhere. Fires must be set at least 1,000 feet from any occupied building.

Farmers burning inside a “restricted area” — including city limits, or within one mile of towns larger than 10,000 residents — must give ten days’ written notice to the Ohio EPA. Local governments may have additional restrictions, so producers should check with local fire departments before starting a burn.

Ohio law also sets guidelines for managing burns safely. Farmers must clear combustible materials from the area, stack waste to allow efficient burning, avoid poor weather conditions, keep fires under control, and ensure flames are extinguished before leaving.

Violating these laws carries consequences. The Ohio Division of Forestry or local law enforcement may impose misdemeanor charges, fines of up to $500, and even jail time. The Ohio EPA can fine up to $1,000 per day per offense.

The most common violations include burning non-agricultural waste, failing to meet setback rules, or burning material from another property.

Beyond penalties, the greatest risk is harm to people and property. Escaped fires can damage crops, buildings, livestock, or vehicles and may cause accidents if smoke reduces roadway visibility. Farmers are advised to delay burning until winter, when fire danger is lower, as a smart risk management strategy.

Photo Credit: ministry-of-natural-resources