He is wrong, which is not uncommon - unless you told him that you have a New York ag. tax. exemption number and you are legally recognized as a commercial ag. enterprise. And maybe you are? I'm not anymore. I still have the land and some animals but am no longer a commercial ag. enterprise.
Like I said previously the issue is what New York regards as a "farm" and what it does not. To be allowed to burn, you must be legally registered as a farm and have an ag. tax number. To be more specific, the State Statute uses the word "agricultural land". That ONLY applies to a registered commercial ag. enterprise.
Their definition for "agricultural land" is:
(b) Agricultural land. "The land and on-farm buildings, equipment, manure processing and handling facilities, and practices that contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a 'commercial horse boarding operation' and 'timber processing'. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other."
Note that a person can own 1000 acres or rural land, have 20 horses, 50 goats, 20 chickens and 20 acres of sweet corn - and - NOT be allowed to burn a dead branch out in the middle of his land. Not unless he begs for a special burn-permit.
In New York, a "farm" is only farm if it shows a certain amount of ag-related gross income and has a tax ID number.
Also, no insult intended to you or who ever you asked - but I find very often that police, sheriff's deputies and state environtal workers often don't know the law very well, except for the bits and pieces they have to deal with on a daily basis.
From the new Statute that took effect October 14, 2009:
2. Effective on October 14, 2009, all open burning is prohibited in New York with several exceptions including the following:
Campfires less than 3 feet in height and 4 feet in length, width or diameter are allowed.
Small cooking fires are allowed.
Fires cannot be left unattended and must be fully extinguished.
Only charcoal or clean, dry, untreated or unpainted wood can be burned.
Ceremonial or celebratory bonfires are allowed.
In towns with a total population less than 20,000, you may burn tree limbs with attached leaves. The limbs must be less than 6 inches in diameter and 8 feet in length (also referred to as brush). However, this is not allowed from March 16 through May 14 due to the increased risk of wildfires.
4. Can I burn leaves if I live in a rural area?
No, burning leaves is banned in New York State.
7. Can agricultural wastes be burned?
Yes, organic agricultural wastes may be burned on-site where they are grown or generated including brush and wood produced by clearing fields and other activities. The fire must be located on contiguous agricultural land larger than 5 acres, and the materials capable of being fully burned within 24 hours
§215.3 Exceptions and restricted burning
Burning in an open fire, provided it is not contrary to other law or regulation, will be allowed as follows:
(a) On-site burning in any town with a total population less than 20,000 of downed limbs and branches (including branches with attached leaves or needles) less than six inches in diameter and eight feet in length between May 15th and the following March 15th. For the purposes of this subdivision, the total population of a town shall include the population of any village or portion thereof located within the town. However, this subdivision shall not be construed to allow burning within any village.
(b) Barbecue grills, maple sugar arches and similar outdoor cooking devices when actually used for cooking or processing food.
(c) Small fires used for cooking and camp fires provided that only charcoal or untreated wood is used as fuel and the fire is not left unattended until extinguished.
(d) On-site burning of agricultural wastes as part of a valid agricultural operation on contiguous agricultural lands larger than five acres actively devoted to agricultural or horticultural use, provided such waste is actually grown or generated on those lands and such waste is capable of being fully burned within a 24-hour period.
(e) The use of liquid petroleum fueled smudge pots to prevent frost damage to crops.
(f) Ceremonial or celebratory bonfires where not otherwise prohibited by law, provided that only untreated wood or other agricultural products are used as fuel and the fire is not left unattended until extinguished.
(g) Small fires that are used to dispose of a flag or religious item, and small fires or other smoke producing process where not otherwise prohibited by law that are used in connection with a religious ceremony.
(h) Burning on an emergency basis of explosive or other dangerous or contraband materials by police or other public safety organization.
(i) Prescribed burns performed according to Part 194 of this Title.
(j) Fire training, including firefighting, fire rescue, and fire/arson investigation training, performed under applicable rules and guidelines of the New York State Department of State's Office of Fire Prevention and Control. For fire training performed on acquired structures, the structures must be emptied and stripped of any material that is toxic, hazardous or likely to emit toxic smoke (such as asbestos, asphalt shingles and vinyl siding or other vinyl products) prior to burning and must be at least 300 feet from other occupied structures. No more than one structure per lot or within a 300 foot radius (whichever is bigger) may be burned in a training exercise.
(k) Individual open fires as approved by the Director of the Division of Air Resources as may be required in response to an outbreak of a plant or animal disease upon request by the commissioner of the Department of Agriculture and Markets, or for the destruction of invasive plant and insect species.
(l) Individual open fires that are otherwise authorized under the environmental conservation law, or by rule or regulation of the Department.
All this is direct from the State law books.
(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 9-0105, 9-1103, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 70-0707, 71-2103, 71-2105)
