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Backyard Fires in Windham: Permit Rules & Safety

October 16, 2025

Backyard Fires in Windham: Permit Rules & Safety

Thinking about a cozy backyard fire in Windham? Before you strike a match, it helps to know the local and state rules that keep everyone safe. You want to enjoy your yard, respect your neighbors, and avoid fines or a surprise visit from the fire department. In this guide, you’ll learn when permits are required, what you can burn, where to place your fire pit, and what to do if smoke becomes a problem. Let’s dive in.

Do you need a permit in Windham?

Most outdoor fires in New Hampshire require a written fire permit when the ground within 100 feet is not completely covered with snow. Portable fireplaces and backyard fire pits are treated as open burning under state rules. You can review permit basics and categories on the NH Division of Forests and Lands page for fire permits and open burning.

Windham’s local guidance confirms permits are required for brush or open burning and that the town may set stricter limits than the state. Before you burn, check current rules with the Windham Fire Department via the town FAQ.

Permit categories and typical hours

  • Category I: Small camp or cooking fire up to 2 feet in diameter, contained. May be kindled any time with a permit, if conditions allow.
  • Category II: Camp or cooking fire up to 4 feet in diameter, contained. Typically allowed with a permit between 5:00 p.m. and 9:00 a.m., unless it is raining.
  • Category III: Larger or uncontained fires. Usually limited to 5:00 p.m. to 9:00 a.m., unless it is raining. Multi-day permits may be possible.

Always confirm exact times and allowances with Windham FD, since local restrictions can be tighter than state minimums.

How to get a permit

You can apply online through the State’s system for towns that participate. The online option usually includes a small user fee. Learn more and check availability on the state’s fire permits and online system overview. You can also obtain permits in person from local issuing agents or the Fire Department. When in doubt, call Windham FD for current procedures.

What you can and cannot burn

With a valid permit and when conditions allow, you may burn clean, untreated wood, charcoal, and small brush or woody debris. State rules limit the size and composition of what you burn to reduce fire risk.

New Hampshire’s Department of Environmental Services prohibits burning household trash, construction or demolition debris, painted or pressure-treated wood, plastics, rubber and tires, foam, shingles, and oily materials. Review the NHDES guidance on open burning and prohibited materials before you light a fire.

Safety rules that matter

Keep recreational fires a safe distance from buildings and combustibles. Common fire-code guidance recommends about 25 feet for open fire pits and 15 to 25 feet for portable outdoor fireplaces, depending on the device and local rules. Check your appliance manual and see summarized code guidance in this reference to NFPA fire code distances and supervision.

Supervise your fire at all times. The permit holder or a responsible adult must stay with the fire and have water, a shovel, and a way to call for help. Fully extinguish the fire so it emits no heat or smoke before leaving. You can review supervision and safety expectations on the state’s fire permit guidance.

Check conditions first. Do not burn on windy or very dry days. Local or state burn bans may prohibit all fires regardless of permits. If the weather changes, you may need to put the fire out even if you started legally.

Smoke, complaints, and burn bans

Even when you burn allowed materials, excessive smoke or odors can create a nuisance. Local authorities can require you to extinguish a smoky fire, and NHDES may investigate air-quality concerns. If you need to report an issue that cannot be resolved locally, see NHDES information on air-quality enforcement and complaints.

If a neighbor’s fire is causing smoke issues, consider a friendly conversation first. If it continues, contact the Windham Fire Department through the town FAQ page. For immediate hazards or an escaped fire, call 911. During declared burn bans or high fire danger, permits will not be issued and all outdoor burning may be suspended. Check with Windham FD before you burn.

Quick checklist before you light a fire

  • Confirm whether Windham permits are available today and whether the town participates in the online system. Start with the state’s fire permit overview and the Windham town FAQ.
  • If you are not the landowner, get written permission from the property owner.
  • Use only dry, seasoned, untreated wood. Never burn trash, painted or pressure-treated wood, plastics, or rubber. Review NHDES rules on prohibited materials.
  • Place your fire well away from structures and combustibles. Follow manufacturer instructions and aim for about 25 feet of clearance when applicable.
  • Keep a hose, water bucket, and shovel nearby. Never leave the fire unattended. Fully extinguish before leaving.

The bottom line for Windham homeowners

Backyard fires can be a great way to enjoy your home, but permits and safety rules matter. Check state and town guidance, choose only allowed materials, and keep your fire small, contained, and supervised. If you are ever unsure, call the Windham Fire Department first.

If you are planning outdoor upgrades or thinking about your next move in Windham, we are here to help you make smart choices for your property and resale value. Reach out to Key Team | Compass for local advice and market insight.

FAQs

Do I need a permit for a small backyard fire pit in Windham?

  • In most cases yes, unless the ground within 100 feet is completely covered with snow; review state rules and confirm with the Windham Fire Department, and see the state’s overview of fire permits and open burning.

What materials are legal to burn in New Hampshire?

  • You may burn clean, untreated wood, small brush, and charcoal with a valid permit; burning trash, painted or treated wood, plastics, rubber, and similar items is prohibited by NHDES; see the open burning guidance.

How far should my fire pit be from my house?

  • Standard guidance recommends about 25 feet from structures and combustibles for recreational fires; portable outdoor fireplaces may have different clearances, so check your device manual and this NFPA-based reference.

What should I do if a neighbor’s fire produces heavy smoke?

What happens if I burn without a permit?

  • Burning without a required permit or letting a fire escape can lead to fines, criminal charges, and liability for suppression and damages; the state outlines permit requirements and consequences on the fire permits page.

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