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Tree waste rules in Michigan: open burning of trees, logs, brush and stumps and the forest land burning permit

What Michigan air rule 336.1310 says about burning trees, logs, brush and stumps, the 1,400 foot distance from cities and villages, and what sections 51503 to 51506 of the Natural Resources and Environmental Protection Act say about burning on or next to forest land.

Checked against the sources at the bottom of this page on October 8, 2026. Rules, fees and pay change: the source has the last word.

This page reports what the official source says. It is not legal advice: ask the office named here. It follows Michigan Administrative Code rule 336.1310 as shown by the Cornell Legal Information Institute, with source notes 1980 AACS, 1999 AACS and 2013 AACS, and sections 51503, 51504 and 51506 of Act 451 of 1994 as published by the Michigan Legislature.

The air rule

According to rule 336.1310 on open burning, a person may not cause or permit open burning of refuse, garbage or any other waste materials, except for a short list of things. Three items on the list matter for tree work.

  • Trees, logs, brush and stumps, in line with applicable state and local regulations, if the burning is not in a priority I area listed in table 33 or a priority II area listed in table 34, is not closer than 1,400 feet to an incorporated city or village limit, and does not break any other department rule.
  • Waste from and at one or two family dwellings that contains no plastic, rubber, foam, chemically treated wood, textiles, electronics, chemicals or hazardous materials, if the burning breaks no other department rule.
  • Logs, brush, charcoal and similar materials used to prepare food or for recreation.

The rule also lists structures and materials used only for fire prevention training, beekeeping equipment burned for bee disease control, and wooden fruit or vegetable storage bins of untreated lumber burned for disease or pest control. The bins may not be burned in a priority I or II area, in a city or village, or within 1,400 feet outside the boundary of a city or village. Subrule (2) says none of these exceptions authorizes burning that local law or regulation prohibits.

Burning on or next to forest land

According to section 51503, whenever the ground is not snow covered, a person may not burn any flammable material on or adjacent to forest land, except for domestic purposes, without a permit from the Department of Natural Resources. The department sets the times of day and the conditions for burning for other than domestic purposes. Anyone burning on or next to forest land for other than domestic purposes must, before starting and for as long as the burning goes on, take the action the department requires in and around the area to prevent the spread of fire.

In the same part, the list of prohibited acts in section 51504 includes these.

  • Setting fire to flammable material on or next to forest land without reasonable precautions before, during and after lighting to keep the fire from escaping, or leaving the fire before it is out.
  • Setting a backfire, except under the direct supervision of an established fire control agency or when it is necessary to save life or valuable property.
  • Using a welding torch, tar pot or other device that may cause a fire on or next to forest land without clearing flammable material around it or taking other reasonable precautions.
  • Running an engine, other machinery or powered vehicle on or next to forest land without spark arresters or other suitable devices to stop the escape of fire or sparks.

Liability

According to section 51506, a person who causes a forest or grass fire by violating this part is liable for all damages from that fire, including the cost of any government unit fighting it. The section adds that the part does not affect any other right of action for damages.

For other places see the table on tree waste and chip rules. Neighbouring places have their own pages: tree waste rules in Wisconsin and tree waste rules in Indiana. Rules for moving wood are on moving wood in Michigan.

Sources