Illinois Burn Ban: Permits, Local Rules, and Penalties

Illinois open burning laws start from a prohibition: under Section 9 of the Illinois Environmental Protection Act, it is illegal to burn refuse outdoors, run a salvage operation by open burning, or burn refuse in any device the Illinois EPA has not approved for that purpose.¹ The exceptions are narrow: landscape waste on the property where it grew (outside the state’s most populated counties), agricultural waste, small quantities of household waste in rural areas, campfires and recreational fires, and activities covered by an Illinois EPA permit. Violations can carry civil penalties of up to $100,000, plus $25,000 for every day the violation continues.²

What the Statute Prohibits

Section 9(c) bans open burning of refuse, salvage operations by open burning, and use of any burning device the Illinois EPA has not specifically approved.¹ “Refuse” is read broadly. Garbage, construction debris, tires, furniture, and most other waste materials fall inside it.

The Illinois Pollution Control Board can create exceptions, but only when it finds that no harm will result or that every alternative disposal method would create such an extreme safety hazard that some pollution is justified.¹ Those exceptions live in the Board’s Part 237 regulations, which govern nearly every form of legal outdoor burning in the state.

Burning Landscape Waste

The biggest exception is landscape waste: leaves, branches, grass clippings, brush, and similar yard debris. You can burn landscape waste on the property where it was produced, or at a site provided and supervised by a local government.¹

There is one large geographic limit. The exemption does not apply in any county with a population over 400,000.¹ Residents of Cook, DuPage, Lake, Will, and Kane Counties generally cannot burn landscape waste at all without a permit, even on their own land. Curbside yard waste collection, drop-off sites, and composting are the alternatives.

Even where the exemption does apply, local ordinances can add restrictions or ban landscape waste burning entirely. State law does not override local prohibitions.³ Check your municipality’s rules before lighting a pile.

Agricultural and Habitat Purposes

Burning landscape waste for agricultural purposes, habitat management (including prairie and forest restoration), or firefighter training is legal statewide, regardless of county population. The statute treats landscape waste burning by production nurseries as agricultural burning.¹ These sit apart from the general homeowner exemption and carry their own conditions, particularly around distance from populated areas.

Restricted Areas

Part 237 defines “restricted areas” as the land inside any municipality plus a one-mile buffer around any municipality with a population of 1,000 or more.⁴ Several types of burning that are legal in rural areas become illegal inside these zones unless conducted with an air curtain destructor or another emission-reducing device.

Other Exemptions

Part 237 carves out a few additional activities that do not violate the open burning ban, provided they do not cause air pollution as defined by the Act:

Agricultural waste: crop residue, dry bedding, and other farm-generated refuse can be burned on the premises where the waste was produced, outside restricted areas, and only when atmospheric conditions will readily dissipate smoke. The burn must be more than 1,000 feet from any residential or populated area.⁵
Household waste in small quantities: domicile waste can be burned outside restricted areas, on the premises where it was generated, and only when atmospheric conditions will rapidly dissipate contaminants.⁶
Campfires and recreational fires: burning approved fuels for campfires, cooking, and recreation is allowed on private property or in public areas where consistent with other laws. Garbage cannot be burned in a campfire or recreational fire.⁶

These are not blanket permissions. Every exempted activity still triggers a violation if it causes air pollution. A still, humid day when smoke hangs over a neighborhood can push an otherwise legal burn over that line.

When You Need a Permit

If your activity does not fit an exemption, you need an open burning permit from the Illinois EPA. The agency issues permits for four categories:³

Firefighter and fire extinguisher training
Landscape waste burned with an air curtain destructor, which is the primary route for commercial land-clearing operations
Prairie and ecological landscape burns
Disaster debris

There is no fee. Applications go to the Bureau of Air in Springfield using the appropriate form from the Illinois EPA website. Businesses should note that burning trade waste (waste generated by a business) is generally illegal even with a permit, unless the business is burning its own landscape waste on its own property.³

Standard Permit Conditions

Every open burning permit carries mandatory conditions set out in Illinois EPA form APC-171. The key ones:

Burning hours run 8:00 a.m. to 4:00 p.m. during Central Standard Time months and 9:00 a.m. to 5:00 p.m. during Central Daylight Saving Time months.⁷
Wind speed must exceed 5 miles per hour. A light breeze disperses smoke; stagnant air lets contaminants accumulate.⁷
Someone must supervise the burn continuously.
The site must be cleared and unauthorized people kept away.
The burn cannot produce obnoxious odors or excessive particulate matter.
Any accelerant must be at least number 2 fuel oil quality. No gasoline, no solvents.⁷

Local Ordinances Can Go Further

This is what catches most people out. Your municipality or county can always add restrictions on top of the state framework, and state law explicitly does not override local prohibitions.⁸ A local government can ban landscape waste burning outright, limit it to certain days, require a local permit alongside the state permit, or set shorter hours than the state conditions.

The Illinois EPA offers a model ordinance that local governments can adapt.⁹ Suburban and urban municipalities are commonly stricter than the state baseline, so contact your village, city, or county before burning anything.

Fire Pits and Campfires

Backyard fire pits and campfires fall under the Part 237 recreational burning exemption. They are legal as long as you burn only approved fuels and follow local rules.⁶ The Office of the Illinois State Fire Marshal recommends keeping fire pits at least 10 feet from a home or any combustible material.¹⁰ Some municipalities require more.

What you burn matters as much as where you burn it. Recreational fires should use clean, natural firewood. Garbage, processed wood (plywood, particle board, painted lumber, pressure-treated wood), and landscape waste like leaves and grass clippings are not allowed in a fire pit. These materials release toxic chemicals and violate the exemption’s rule against burning garbage. Seasoned firewood and manufactured fire logs keep you inside the law.

Penalties

The financial exposure is significant. Under Section 42, a person who violates the Act or any regulation adopted under it faces civil penalties of up to $100,000 per violation, plus up to $25,000 for each day the violation continues.² Those are ceilings; actual penalties depend on severity, duration, and circumstances. Enforcement agencies have wide latitude, and a multi-day burn that draws complaints can accumulate quickly.

The Act also authorizes injunctive relief. Under Section 45, anyone adversely affected by a violation can sue for an injunction to stop it, and the state can enforce Pollution Control Board orders through civil injunction proceedings.¹¹ If a neighbor’s illegal burn is fouling your air, that statute is a legal path to shut it down.

Local penalties stack on top of the state framework. Municipalities commonly set their own fines through local ordinances, and local police, fire marshals, and health inspectors can issue those fines directly.⁹ If an illegal burn causes property damage or injury, the person responsible can also face civil liability in a separate lawsuit.

Reporting Illegal Burning

The Illinois EPA accepts pollution complaints through several channels. The fastest is the Pollution Complaint form submitted electronically through the agency’s website, which starts the investigation sooner than a mailed form.¹² A PDF version of the same form can be mailed or faxed in.

For an environmental emergency involving fire, also call the Illinois Emergency Management Agency at 1-800-782-7860. For a persistent or recurring problem, the Illinois EPA may ask you to keep a log of incidents with dates and times to help build an enforcement case.

1
Illinois General Assembly. Illinois Code 415 ILCS 5/9 – Acts Prohibited
2
Illinois General Assembly. Illinois Code 415 ILCS 5/42 – Civil Penalties
3
Illinois Environmental Protection Agency. Open Burning Permits
4
Illinois Pollution Control Board. 35 Illinois Administrative Code Part 237 – Open Burning
5
Illinois Environmental Protection Agency. Open Burning Brochure
6
Illinois Pollution Control Board. 35 Illinois Administrative Code Part 237 – Open Burning
7
Illinois Environmental Protection Agency. Standard Conditions for Open Burning – APC-171
8
Illinois Environmental Protection Agency. Open Burning FAQs
9
Illinois Environmental Protection Agency. Open Burning
10
Office of the Illinois State Fire Marshal. Grilling Safety
11
Illinois General Assembly. Illinois Code 415 ILCS 5/45 – Injunctive and Other Relief
12
Illinois Environmental Protection Agency. Pollution Complaint