Burning leaves (or yard waste more broadly) may appear innocuous, especially in rural areas, but in Michigan it is subject to multiple layers of regulation at the state and local levels. Whether leaf burning is legal depends on where you are, what your municipality allows, and how strictly you follow state rules. Below is a breakdown of Michigan’s legal regime and how to stay compliant.
Michigan’s State Law: NREPA, Air Quality & Open Burning Rules
The State of Michigan regulates open burning under the Natural Resources and Environmental Protection Act (NREPA), Public Act 451 of 1994, especially under Part 55 (Air Pollution Control), Part 115 (Solid Waste Management), and Part 515 (Forest Fire Prevention).
Key statutory and regulatory provisions include:
- MCL 324.11539 prohibits open burning of household waste that contains plastic, rubber, foam, treated wood, textiles, electronics, chemicals, or hazardous materials.
- That same section provides that in municipalities with populations of 7,500 or more, open burning of yard waste or leaves is prohibited unless a local ordinance authorizes it.
- Michigan Administrative Code Rule 336.1310 clarifies what kinds of open burning are allowed or disallowed. For instance, open burning of trees, logs, brush, stumps, and some yard debris is permitted under certain conditions (distance from city limits, compliance with air pollution rules), but burning refuse or household waste containing prohibited materials is not allowed.
- Public Act 102 of 2012 amended NREPA to more strictly limit burning of household waste containing plastics, foam, electronics, etc.
So under state law: burning leaves and other yard waste is not categorically banned statewide, but there are important limitations and local control.
Local Ordinances & Restrictions
Local municipalities (cities, villages, townships) frequently adopt more restrictive burning bans or rules that override or supplement state law. The state’s “Model Ordinance for Outdoor and Open Burning” provides guidelines municipalities may adopt, but they are not required to adopt it.
Examples in Michigan:
- Laketon Township: “NO BURNING OF GRASS OR LEAVES is permitted anywhere in Laketon Township.”
- Battle Creek: Within city limits, there is no burning of leaves and grass clippings allowed.
- Waterford Township: Prohibits open burning of leaves, grass, yard waste; only small recreational fires with seasoned firewood are allowed under permit.
- In Taylor, Michigan, the city prohibits burning yard waste entirely; only clean wood in approved outdoor fireplaces is allowed.
Thus, even in municipalities that are smaller than 7,500, local law may still ban leaf burning.
Conditions & Restrictions If Burning Is Allowed
Where burning leaves or yard waste is permitted, it usually comes with conditions:
- Must be a “clean burn” (i.e., not burning prohibited materials such as plastics, treated wood, etc.).
- The fire must not create a smoke or odor nuisance. Michigan’s air quality regulations prohibit open burning that causes such nuisance.
- Burning of trees, brush, logs, stumps must meet distance restrictions: must not occur within 1,400 feet of a city or village boundary in certain areas, as provided in state rules.
- Burn permits may be required in many areas. Michigan has a Burn Permits Map system that shows where open burning is permitted on given days.
- Some municipalities require the fire to be in an approved container (masonry, steel, with metal screen, etc.) rather than open ground fires.
Penalties & Enforcement
Violating Michigan’s open burning rules, including burning prohibited materials or yard waste in restricted areas, can lead to state civil infractions:
- Under MCL 324.11539, burning household waste containing prohibited materials is a civil infraction. For a first offense (within 3 years), a judge may issue a warning; for subsequent offenses fines up to $75, $150, or $300 for fourth or more in a 3-year span.
- Local ordinances often carry municipal fines or penalties for violation of burning bans.
- Authorities (e.g., state environmental agencies, local fire departments) may enforce smoke/air quality rules, fire safety rules, nuisance laws.
FAQs: Burning Leaves in Michigan
Q1. Is burning leaves always illegal in Michigan?
No — not universally. The legality depends on your municipality’s size, whether the local ordinance allows it, and whether you comply with state air quality and open burning rules. Under state law, cities of 7,500+ population generally must prohibit leaf burning unless a local ordinance authorizes it.
Q2. Can I burn leaves in a rural township?
Possibly — if your municipality has not enacted a stricter ordinance. You must still follow state rules, get required permits, ensure you burn only allowed materials, and abide by distance and smoke standards.
Q3. Are permits required to burn leaves or yard waste?
Yes in many cases. Michigan has a Burn Permits Map system, and local fire departments often issue burn permits for brush and wood burning. But in many jurisdictions, leaves and grass burning is disallowed regardless of permit.
Q4. What materials cannot be burned along with leaves?
You cannot burn household waste containing plastic, rubber, foam, treated wood, textiles, electronics, chemicals, or hazardous materials. These are prohibited by state law under PA 102 of 2012.
Q5. How close can I burn to a city or village?
State rules impose a buffer: burning of trees, brush, stumps, log materials must not be done within 1,400 feet of an incorporated city or village under certain priority area rules.
Q6. What should I do before burning leaves?
- Check the Michigan Burn Permit Map to see if burning is allowed in your area that day.
- Contact your local fire department or municipal offices to see if your township or city bans leaf burning.
- Ensure your fire setup meets container, distance, and material restrictions.
- Make sure smoke or odor doesn’t become a nuisance.
- Be prepared to extinguish; monitor fire at all times.
Bottom Line
Burning leaves in Michigan is not always legal, and in many places it is expressly prohibited under either state or local law. Where allowed, it is tightly regulated through permit systems, distance requirements, and limitations on materials that can be burned. Always check local ordinances and state rules (especially NREPA Part 55 and Part 115, and the Michigan open burning rules) before you light a fire.
