Burn bans in Delaware
Delaware's DNREC bans most open burning statewide every year from May 1 through September 30, known as Ozone Season — only cooking fires, campfires, patio fire pits, chimeneas and ceremonial fires stay allowed. From October 1 through April 30, residential burning of yard waste resumes but stays limited to 8 a.m.-4 p.m. and 27 cubic feet at a time, with local fire control notified first. On top of the calendar, DNREC can prohibit all open burning on any single day with unhealthy forecast air quality (an Air Quality Action Day), and the State Fire Marshal can separately ban burning statewide or in individual counties at any time — neither of those triggers publishes a live, checkable feed, so this site cannot verify day-to-day status outside the fixed May-September window.
All counties in Delaware
| county | Status | Since |
|---|---|---|
| Kent | Unconfirmed | — |
| New Castle | Unconfirmed | — |
| Sussex | Unconfirmed | — |
How Delaware decides
- Delaware has 3 counties, and the Ozone Season ban applies to all of them equally — there is no county-by-county variation in the calendar rule.
- Cooking fires, campfires, patio fire pits, chimeneas and ceremonial fires stay legal year-round, even during the May-September ban — it is yard-waste and debris burning that stops.
- Outside the ban (October-April), residential burning still needs local fire control notified first, and DNREC can override it on any single Air Quality Action Day even then.
- Leaves, grass clippings and garbage may never legally be open-burned in Delaware, in or out of season.
Penalties in Delaware
Violating DNREC's open burning regulation (7 DE Admin. Code 1113) is enforced under Delaware's Environmental Control Act. 7 Del. C. § 6013 sets a civil penalty of not less than $2,500 nor more than $25,000 for each day of violation. DNREC's own public guidance for residents describes enforcement only as citations carrying fines plus court costs, without stating a specific citizen-facing amount — the statutory range above is the maximum exposure under the Act, not necessarily what a first-time residential citation draws in practice.
Classification: Civil penalty under the Environmental Control Act · Maximum fine: $2,500 to $25,000 per day of violation (7 Del. C. § 6013)
Common questions about Delaware burn bans
Is there a burn ban in Delaware right now?
No county-level burn ban is currently reported by DNREC Division of Air Quality — Open Burning for Delaware. The statewide DEC seasonal rule may still restrict burning during certain windows. Municipal rules within a county may still apply.
How does Delaware issue a burn ban?
Delaware's DNREC bans most open burning statewide every year from May 1 through September 30, known as Ozone Season — only cooking fires, campfires, patio fire pits, chimeneas and ceremonial fires stay allowed. From October 1 through April 30, residential burning of yard waste resumes but stays limited to 8 a.m.-4 p.m. and 27 cubic feet at a time, with local fire control notified first. On top of the calendar, DNREC can prohibit all open burning on any single day with unhealthy forecast air quality (an Air Quality Action Day), and the State Fire Marshal can separately ban burning statewide or in individual counties at any time — neither of those triggers publishes a live, checkable feed, so this site cannot verify day-to-day status outside the fixed May-September window.
When is the Delaware burning restriction in effect?
May 1 through September 30. Today the rule is not in effect.
What are the penalties for violating a burn ban in Delaware?
Violating DNREC's open burning regulation (7 DE Admin. Code 1113) is enforced under Delaware's Environmental Control Act. 7 Del. C. § 6013 sets a civil penalty of not less than $2,500 nor more than $25,000 for each day of violation. DNREC's own public guidance for residents describes enforcement only as citations carrying fines plus court costs, without stating a specific citizen-facing amount — the statutory range above is the maximum exposure under the Act, not necessarily what a first-time residential citation draws in practice.
burnbanradar reports the counties-level orders as published by DNREC Division of Air Quality — Open Burning. Municipal ordinances may impose stricter rules. When DNREC Division of Air Quality — Open Burning does not list a county, that does not mean no ban exists — verify with the county office. The published order governs.