Is It Illegal to Burn Leaves in Michigan? Complete Guide

In the case of burning leaf litter (or yard waste in general) can appear harmless particularly in rural areas. However, within Michigan it is governed by various layers of regulation at both the local and state levels. If burning leaves is allowed, it is contingent upon the area you’re located, what your municipal regulations allow and the strictness with which you adhere to the rules of the state. Below is a rundown of Michigan’s laws and the best way to comply.

Michigan’s State Law: NREPA, Air Quality & Open Burning Rules

The State of Michigan regulates open burning in accordance with the Natural Resources and Environmental Protection Act (NREPA) as well as Public Act 451 from 1994. specifically in the Part 55 (Air Pollution Control), Part 115 (Solid Waste Management), and Part 515 (Forest Fire Prevention).

Important legal and regulatory provisions are:

MCL 324.11539 prohibits open burning of household waste which contains plastic foam, rubber treated wood electronics, textiles, chemicals, or other hazardous substances.
The same section also states for municipalities with a population of more than 7,500 burning in open flames of leaves or yard waste is not permitted unless an ordinance of the locality permits the burning.
Michigan Administrative Code Rule 336.1310 clarifies the types of open burning is permitted or prohibited. For example, open burning of wood, logs or stumps, brush and yard waste is allowed under certain conditions (distance from the city limits, in compliance with the rules regarding air pollution) however burning garbage or household waste that contain prohibited materials is not permitted.
Public Act 102 of 2012 changed NREPA to limit more severely the burning of household waste, which includes electronics, foam, plastics and other materials.

The law in the state of California states that burnt leaves or other lawn garbage is not explicitly banned across the state However, there are significant limitations as well as individual control.

Local Ordinances & Restrictions

Local municipalities (cities towns, townships, villages) typically adopt stricter burning bans or regulations which override or complement the state’s laws. In the state’s “Model Ordinance for Outdoor and Open Burning” offers guidelines that municipalities can adopt, but they’re not required to implement it.

Examples in Michigan:

Laketon Township: “NO BURNING OF GRASS OR LEAVES is permitted anywhere in Laketon Township.”
Battle Creek: Within the city limits, it are the burning off of grass clippings and leaves clippings permitted.
Waterford Township: Prohibits open burning of grass, leaves and yard waste. Only small, seasoned fires for recreational purposes with wood are permitted under the permits.
Within Taylor, Michigan The city bans the burning of backyard waste completely; only clean wood used in approved outdoor fireplaces can be burned.

In other words, even in cities that aren’t larger than 7,500inhabitants, the laws could still prohibit leaf burning.

Conditions & Restrictions If Burning Is Allowed

When burning of leaves or yard waste is allowed It usually has a set of specific conditions:

It must be an “clean burn” (i.e. burning prohibited materials, such as plastics, treated wood etc. ).
The fire shouldn’t cause smoke or create stink or smoke. Air quality laws in Michigan ban open burning that creates such nuisance.
The burning of brush, trees logs, stumps, or logs must be in compliance with distance limitations: should not take place within 1400 feet of the city or the village boundary in certain zones according to the state regulations.
Permits for burning are required in a variety of locations. Michigan has an Burn Permit Map system that outlines the areas where open burning is allowed on specific dates.
Certain municipalities have a requirement that fires be contained in an approved container (masonry steel, steel, metal screens, etc.) instead of open fires.

Penalties & Enforcement

The violation of Michigan’s open-burning rules which prohibit burning items or yard waste within restricted areas, could result in civil penalties for violations of the state’s constitution.:

According to MCL 324.11539 burning household waste that is contaminated with prohibited substances is a criminal infraction. If it is a first offense (within three years) the judge can issue a reprimand; for subsequent violations, fines can be as high as $75 150, $300, or $150 for a fourth or more offense within three years.
Local ordinances typically include municipal penalties or fines in the event of a violation of burning bans.
Authorities (e.g. state local environmental agencies, local fire departments, etc.)) can enforce smoke and air quality regulations as well as fire safety guidelines as well as nuisance laws, and other nuisance.

FAQs: Burning Leaves in Michigan

Q1. Are burning leaves always a crime in Michigan?

Not necessarily. The legality of burning depends on the size of your city and whether local ordinance permits burning, and if you are in compliance with the state’s air quality regulations and open burning regulations. In accordance with state law, cities with populations of 7500 or more generally have to prohibit burning leaves unless local ordinances permit burning in accordance with local ordinances.

Q2. Can I burn off leaves in a township with a rural setting?

It could be possible — provided that your locality has not passed the stricter regulations. It is still required to comply with state regulations, obtain the required permits, make sure you burn only permitted substances, and adhere to smoking distances and regulations.

Q3. Are permits required for burning the yard or leaves?

In many instances. Michigan is home to the burn permit Map system and local fire departments typically issues burn permits to wood and brush burning. However, in a number of jurisdictions, leaves and grass burning are not allowed regardless of the permit.

Q4. What are the materials that cannot be burned in conjunction with leaves?

It is not possible to dispose of household waste that is made up of foam, rubber, plastic or treated wood electronic equipment, textiles and chemicals as well as dangerous substances. They are banned in state law, specifically PA 102 of 2012.

Q5. What is the closest I can get to a village or city?

State regulations require a buffer. Burning of brush, trees stumps, logs, and stumps cannot be conducted within 1400 feet of a village or city in accordance with certain prior area rules.

Q6. How should I prepare prior to burning the leaves?

Look over for the Michigan Burn Permit Map to determine the burning restrictions in your area on the day.
Get in touch with the local municipal or fire department to determine whether your city or township prohibits burning leaves.
Check that your fire set-up is in line with the distance, container and material limitations.
Be sure that the smell or smoke doesn’t turn into an issue.
Prepare to extinguish fire your fire. Observe the flame at all times.

Bottom Line

The burning of leaves within Michigan burns leaves is illegal in all cases In several places, it is banned under either the law of the state or local level. When it is allowed, it’s strictly controlled by permitting systems and distance restrictions, and restrictions on the substances that are allowed to be burned. Be sure to check local ordinances and state laws (especially NREPA Part 55 and Part 115 and those of Michigan open burning regulations) before lighting an open flame.