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No. Delaware prohibits burning fallen leaves statewide, all year—including in a fire pit or burn barrel. A limited allowance for burning certain branches does not apply to leaves.
What Delaware’s leaf-burning rule prohibits
Delaware’s open-burning regulation prohibits burning fallen leaves, and the state’s homeowner guidance also bars burning leaves, grass clippings, and garbage or trash. DNREC says the statewide leaf-burning prohibition has been in place since 1995. Read DNREC’s open-burning rules and guidance.
Putting leaves in a patio fire pit, chiminea, or burn barrel does not make them an allowed fuel. The rule distinguishes between the material being burned and the purpose of the fire: an approved recreational fire is not permission to burn leaves.
What you may burn instead—and when
Small quantities of branches from your property
A qualifying resident may burn up to 27 cubic feet at one time of cut or fallen branches, limbs, or shrubbery generated on their own residential property. The allowance is limited to October 1 through April 30, from 8 a.m. to 4 p.m., and the fire must be as far from adjacent property as practicable. It does not cover leaves, grass, vegetation from elsewhere, or land-clearing material.
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This allowance applies to residents domiciled in a private dwelling where no commercial or industrial activity is conducted. DNREC says written approval is not required for this residential burning, but its guidance says homeowners must notify their county fire board before burning these materials unless the fire is recreational. Check with DNREC and your county fire authority for current procedures before lighting a permitted fire.
Recreational fires
DNREC allows certain recreational fires, including patio fire pits and chimineas, under conditions. Permitted materials include branches, limbs, logs, and clean, unpainted, untreated, unstained wood—not leaves. DNREC’s stated limits are 27 cubic feet for campfires, patio fire pits, chimineas, and ceremonial fires, and 10 cubic feet for cooking fires. These limits do not override temporary restrictions or make leaf burning lawful.
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Seasonal limits and temporary fire restrictions
Most open burning is prohibited during ozone season, May 1 through September 30. That restriction is separate from the residential branch-burning window, which runs October 1 through April 30. Even a fire that otherwise qualifies may be barred by an Air Quality Action Day, a State Fire Marshal or other applicable fire ban, or a National Weather Service red-flag warning. DNREC also says burning may be prohibited when conditions such as air stagnation, Code Orange or Code Red air quality, or harm to another person’s health or property use are present.
Check DNREC’s current open-burning notices, forecasts, and local fire-authority instructions before burning any permitted material. Requirements can vary locally; ask your town or fire authority whether additional rules apply.
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How to dispose of leaves legally
- Compost them. DNREC recommends composting leaves. The finished material can be used in a garden where appropriate. See DNREC’s yard-waste composting guidance.
- Ask about collection. If composting is not practical, check with your community waste hauler or town manager to find out whether leaf collection is available and what local instructions apply.
DNREC explains that smoke and emissions from burning contain pollutants that can affect people nearby and downwind. Gerald Mood, an environmental scientist with DNREC’s Division of Air Quality, made that point in the state’s April 29, 2026 notice about the annual open-burning ban. Read the state’s notice.
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DNREC lists fines of $100 to $500 for violations and says a conviction may result in a criminal record. Delaware law separately provides that an owner, tenant, or occupier who sets fire to brush or other combustible material without reasonable care and prudence may be liable for resulting damage to another person’s property. The branch allowance and recreational-fire rules do not remove that responsibility.
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To report suspected illegal burning, DNREC lists its 24-hour Environmental Complaint Hotline: 1-800-662-8802. Check DNREC’s current contact information before relying on it.
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