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No. Delaware prohibits burning fallen leaves statewide, year-round. The ban applies even when leaves are put in a fire pit or burn barrel. The state’s prohibition has been in place since 1995, according to DNREC’s open-burning guidance.
What Delaware’s leaf-burning ban covers
Leaves may not be burned as yard-waste disposal. DNREC also identifies grass clippings and trash or garbage as materials that may never be burned. Using a fire pit, chiminea, or burn barrel does not create an exception for leaves.
The distinction is between the material and the purpose of the fire: a limited recreational fire may be allowed under state conditions, but that does not make leaves an allowed fuel.
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What homeowners may burn instead
DNREC describes a narrow residential allowance for cut or fallen branches, limbs, and shrubbery generated on the homeowner’s own property. It is not an allowance for leaves, grass, land-clearing debris, or vegetation brought from elsewhere.
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- Who may use it: A resident domiciled in a private dwelling where no commercial or industrial activity is conducted.
- Quantity: Up to 27 cubic feet at one time.
- Season and hours: October 1 through April 30, between 8 a.m. and 4 p.m.
- Location: As far from adjacent property as practicable.
- Notice: DNREC says homeowners do not need written agency approval for this residential burning, but must notify their county fire board before burning branches, limbs, or shrubbery unless the fire is recreational.
Check DNREC’s current open-burning rules and guidance and contact the county fire board or local fire authority about notice procedures before burning permitted material.
Recreational fires do not allow leaves
DNREC permits some recreational fires, including patio fire pits and chimineas, subject to applicable conditions. The listed fuels include branches, limbs, logs, and clean, unpainted, untreated, unstained wood—not leaves.
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DNREC lists a 10-cubic-foot limit for cooking fires and a 27-cubic-foot limit for campfires, patio fire pits, chimineas, and ceremonial fires. These limits do not override the statewide leaf prohibition.
Check seasonal and temporary restrictions
Most open burning is prohibited during ozone season, May 1 through September 30. Even outside that season, an otherwise permitted fire may be barred by an Air Quality Action Day, a State Fire Marshal or county fire ban, or a National Weather Service red-flag warning. DNREC also says burning can be prohibited when officials determine conditions such as air stagnation, a Code Orange or Code Red air-quality condition, or effects on another person’s health, comfort, property use, or enjoyment are present.
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Before lighting any fire involving otherwise permitted material, check DNREC notices, local fire restrictions, and the weather forecast. These restrictions do not create an exception for leaves.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How to dispose of leaves legally
DNREC recommends composting leaves. Composting can turn yard leaves into material for a garden; if you cannot compost them, DNREC suggests asking your community waste hauler or town manager whether leaf collection is available. Collection arrangements vary locally, so confirm schedules and accepted materials with your town or hauler.
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Penalties and responsibility for fire damage
DNREC lists fines of $100 to $500 for violations and says a conviction may result in a criminal record. To report suspected illegal burning, DNREC lists its 24-hour Environmental Complaint Hotline at 1-800-662-8802.
Separately, Delaware law says an owner, tenant, or occupier who sets fire to brush or other combustible matter without reasonable care and prudence may be liable for resulting damage to another person’s property. See Delaware Code, Title 16, Chapter 65.
Check for additional local rules
Statewide rules do not establish every town’s local requirements. Contact your town or local fire authority to ask whether additional procedures or restrictions apply.
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