Tree waste rules in Pennsylvania: open burning, air basins and clearing and grubbing wastes

This page reports what the official source says. It is not legal advice: ask the office named here. It follows sections 129.14, 121.1 and 123.1 of title 25 of the Pennsylvania Code as shown on the Pennsylvania Code and Bulletin site, which states that its text reflects changes effective through August 8, 2026. Section 129.14 was last amended with an effective date of August 29, 1977.

Inside an air basin

According to section 129.14, subsection (a), no person may permit the open burning of material in an air basin. Section 121.1 of the same title defines an air basin as a geographic area delimited in that section. The definitions in section 121.1 name these air basins.

Whole counties: Allegheny County, and the Southeast Pennsylvania air basin of Bucks, Chester, Delaware, Montgomery and Philadelphia counties.
Parts of counties, listed by borough, city and township: Allentown, Bethlehem and Easton; Erie; Harrisburg; Johnstown; Lancaster; Lower Beaver Valley; Monongahela Valley; Reading; Scranton and Wilkes-Barre; Upper Beaver Valley; and York.

The section also defines an inner zone and an outer zone of the Southeast Pennsylvania air basin. The section 121.1 lists name the exact municipalities for each part-county basin.

Outside an air basin

Subsection (b) does not ban open burning outside the basins. It bars burning in a manner that meets any of five tests.

The emissions are visible at any time where they pass outside the property of the person on whose land the burning is done.
Malodorous air contaminants from the fire can be detected outside that property.
The emissions interfere with the reasonable enjoyment of life or property.
The emissions cause damage to vegetation or property.
The emissions are or may be deleterious to human or animal health.

Exceptions

Subsection (c) says the basin ban and the five tests do not apply to seven kinds of fire.

A fire to prevent or abate a fire hazard, approved by the Department of Environmental Protection and set by or under a public officer.
A fire for instructing people in fire fighting, approved by the Department.
A fire for the prevention and control of disease or pests, approved by the Department.
A fire set in the production of farm commodities in their unmanufactured state on the premises of the farm operation.
A fire burning domestic refuse on the premises of a building occupied only as a dwelling by two families or fewer, when the refuse comes from normal occupancy of the building.
A fire set only for recreational or ceremonial purposes.
A fire set only for cooking food.

Clearing and grubbing wastes

Subsection (d) defines clearing and grubbing wastes as trees, shrubs and other native vegetation cleared from land during or before construction. It leaves out demolition wastes and dirt laden roots. It defines an air curtain destructor as a mechanical device that forces a curtain of air across a pit where burning is done, so combustion is more efficient and smoke and particles are contained.

In a basin, clearing and grubbing wastes may be burned when air curtain destructors are used and the Department has approved each proposed use in writing, covering equipment arrangement, design and environmental conditions, before burning starts. Approval at one site may run for up to 3 months and may be extended in limited periods. The Department may rescind it if it finds an air pollution problem.
Outside a basin, clearing and grubbing wastes may be burned without the subsection (b) tests, but on a complaint or a finding of an air pollution problem the Department may order the burning to stop or to meet subsection (b). The authorization does not cover clearing and grubbing wastes carried from an air basin for disposal outside one.
During an air pollution episode, open burning is limited by chapter 137 and must stop as that chapter says.

The text of section 123.1 on fugitive emissions lists clearing of land and open burning operations among the sources that are not barred as fugitive air contaminant emissions. The same section asks those responsible for clearing of land to take all reasonable actions to keep particulate matter from becoming airborne, and names water or chemicals for dust control as an example.

For other places see the table on tree waste and chip rules. Neighbouring places have their own pages, such as tree waste rules in New York and tree waste rules in Maryland.