Tree waste rules in New Hampshire: open burning of brush, the construction debris wood ban and what counts as domestic waste

This page reports what the official source says. It is not legal advice: ask the office named here. It follows part Env-A 1001 of the New Hampshire Code of Administrative Rules, whose source notes show the current text effective August 1, 2019 (document number 12831), and RSA 125-C:10-c, 125-N:2 and 125-N:4 as published by the General Court. The permit rules in RSA 227-L that Env-A 1001.04 points to were not read for this page.

Definitions that matter

According to chapter Env-A 1000, open burning means burning any kind of combustible material outside in the ambient air. Brush means tree tops, limbs, saplings and tree cuttings, with attached leaves, that are 5 inches in diameter or less. Campfire wood means any section of a tree trunk, limb or branch cut or split specifically for a campfire. The part applies to anyone conducting open burning in the state.

General requirement

Env-A 1001.04 allows open burning anywhere in the state only when it meets three tests: it follows the most stringent of all state and local ordinances, including RSA 125-C:10-c and RSA 227-L; it is authorized by the official having jurisdiction over open burning, whenever authorization is required; and it includes only materials the law or a rule allows to be burned in the open.

Burning that needs no department authorization

Env-A 1001.05 lists burning that is allowed throughout the state without authorization from the department, provided the general requirement is met.

Untreated wood, untreated pallets, campfire wood, brush or charcoal in a campfire, outdoor grill or outdoor fireplace for recreation or food, or in a holiday or festive bonfire.
Burning on the premises for frost prevention or for agricultural, forestry or wildlife habitat improvement.
Burning by the land owner of brush or leaves on a commercial property, if the material comes from that site.
Burning by the land owner of brush or leaves on a private residential property, if the material comes from that property, or from another residential property and is not carried to the burn site for commercial purposes or by a commercial entity or its employees.
Burning of brush or leaves by a city or town.
Under RSA 125-C:10-c, the incidental burning of the untreated wood part of construction and demolition debris at a municipal transfer station, under the supervision of the solid waste facility operator.

Under the residential item, brush carried to the burn site by a commercial entity or its employees is not covered.

What may not be burned

According to RSA 125-C:10-c, no person may combust the wood component of construction and demolition debris, or any mixture or derivation of it, with exceptions for certain permitted municipal waste combustors, municipal transfer stations and the conversion to bio-oil or gas. Env-A 1001.09 repeats the ban on open burning of construction and demolition debris, including its wood.
According to RSA 125-N:4, residential open burning of combustible domestic waste is prohibited. The definition in RSA 125-N:2 lists household trash, plastics, rubber, painted or treated wood and kitchen waste, and says the term does not include untreated wood, leaves, brush or paper products generated at a residence.
Env-A 1001.07 bars burning tires, tubes or any part of them in the ambient air at any place in the state for any reason.
Env-A 1001.08 bars salvaging or reclaiming operations from burning anything on site in the ambient air.

For other places see the table on tree waste and chip rules. Neighbouring places have their own pages: tree waste rules in Maine and tree waste rules in Vermont. Rules for moving wood are on moving wood in New Hampshire.