Burning garden waste - is it allowed?

Burning garden waste - is it allowed?

the essentials in brief

  • Burning garden waste is only allowed in principle in Bavaria, Baden-Württemberg and Saxony-Anhalt
  • In most federal states, an application for an exception can be made
  • When burning, there are numerous regulations regarding distances, time periods, duration, etc.
  • Failure to comply with the regulations can result in a fine of up to € 50,000

Is it allowed to burn garden waste? - State law decides

For the disposal of vegetable waste, a nationwide avoidance requirement applies in accordance with Section 7 of the Recycling Management Act. As a result, burning garden waste is prohibited nationwide. However, the federal government passes the final decision on to the state governments on the basis of an authorization pursuant to Section 4 (4) of the Waste Disposal Act. It is therefore up to the respective federal state and its municipalities whether and under what conditions organic waste can be burned in the garden. The following table shows the federal states in which a general ban on incineration applies and where regional exceptions are possible:

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stateIncineration permitted yes / noregional exceptions possible yes / no
Baden-WürttembergYesYes
BavariaYesYes
BerlinNoNo
BrandenburgNoYes
BremenNoYes
HamburgNoNo
HesseNoYes
Mecklenburg-Western PomeraniaNoYes
Lower SaxonyNoYes
North Rhine-WestphaliaNoYes
Rhineland PalatinateNoYes
SaarlandNoYes
SaxonyNoNo
Saxony-AnhaltYesYes
Schleswig-HolsteinNoYes
ThuringiaNoNo

You can read more detailed information on the website of your state government under the keyword “Ordinance of the state government on the disposal of vegetable waste outside of waste disposal plants”. If your federal state does not offer more detailed information on the Internet, please contact the regulatory office or the Lower Nature Conservation Authority.

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Citizen-friendly and exemplary - the example of Baden-Württemberg

The state of Baden-Württemberg does not leave private gardeners alone with the problem of high levels of waste. In principle, the state makes use of the authorization to issue state regulations with the option of regional special permits. In order to make the administrative process citizen-friendly, Baden-Württemberg offers an uncomplicated online application on its service portal.

Tips

Unauthorized burning of garden waste is not a trivial offense. Failure to comply with the legal regulations can result in severe fines of up to 50,000 euros.

Observe strict conditions

Even the most liberal state ordinance is not a license for gardeners to burn annoying organic waste as they see fit. Above all laws, ordinances and rules the right to injunctive relief of neighboring property owners is enthroned in accordance with § 906 and § 1004 of the German Civil Code (BGB). The smoke contains immissions that can cause cancer. Nobody in Germany has to expose themselves to this danger. For the benefit of neighborly peace as well as the protection of the environment and health, strict requirements must be observed when burning garden waste. The following overview summarizes important aspects:

  • Announcement: 7-14 days in advance to be reported to the responsible municipality
  • Safety distances: 100-200 m minimum distance to traffic roads, 50 m to buildings and trees
  • Period: between sunrise and sunset (8 am-4pm / 6pm, Saturdays 8 am-12pm)
  • Duration: 2-4 hours
  • what ?: only burn dry garden waste
  • Weather: largely calm
garden waste-incinerate

All federal states attach great importance to comprehensive fire protection measures when plant waste is burned in the garden. Fire accelerators must not be used to start the fire. Extinguishing water must be available immediately. Furthermore, the embers must never be left to their own devices. If there is a lot of smoke, the garden fire must be extinguished immediately. When it gets dark at the latest, extinguished combustion residues must be worked into the ground.

Digression

Recycle garden waste instead of burning it

Branches, twigs, leaves and cuttings are just garden waste by definition. In fact, it is organic plant material with valuable nutrients in its luggage. Nitrogen, potassium, phosphorus and trace elements are far too good to be exhausted in the form of smoke. Recycling makes more sense than rich compost, which stimulates the growth of flowers, shrubs and vegetables. Remnants from pruning and autumn leaves are useful as mulch in the bed or natural path surface.

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Special permit only in exceptional cases

In Section 28 of the Federal Recycling Management Act (KrWG) it can be read that waste disposal is only permitted in the facilities provided for this purpose. This regulation includes all garden waste. Is your garden located in a federal state whose state regulations permit private waste incineration? Then this circumstance does not automatically count as approval in the sense of § 28 (KrWG), but is mostly tied to administrative requirements, such as a written announcement or an application for a special permit. The nationwide ban on burning garden waste applies without a legal basis.

Most states and municipalities find it difficult to issue a special permit. A dense network of green waste collection points, recycling centers and composting facilities enables reasonable disposal for most garden owners. Numerous municipalities provide a free organic waste bin and even collect green waste several times a year from the front door, also without additional fees.

There is a good chance of a special permit in lonely, rural areas without a dense disposal network. Please contact the responsible public order office personally for the application. The officials have an open ear for reasonable arguments and issue a special permit to incinerate garden waste.

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background

Traditional fire is not a waste incineration

Traditional custom fires are not sacrificed in Germany on the altar of strict environmental regulations. The majority of state regulations even expressly point out that Easter bonfires or Saint Martin fires are permitted. However, the event is mostly associated with a duty to notify the police. Many municipalities see a fundamental indication of a traditional fire when associations participate and all citizens have access. However, anyone who disposes of private garden waste under the guise of an Easter fire can expect a fine of up to 50,000 euros.

frequently asked Questions

Can you burn garden waste?

Based on the basic principle of waste avoidance, the recycling law as a federal law primarily regulates waste disposal. Accordingly, it is in principle forbidden to burn garden waste in the wild. Any organic waste that arises must only be disposed of in approved facilities. Exceptions are possible. The federal government authorizes the state governments to permit the incineration of garden waste under certain conditions. The state governments in turn pass this right on to their cities and municipalities. Therefore, please ask your local authority whether and under what conditions you can burn garden waste.

When can I burn garden waste?

As a rule, you can only burn garden waste at set times. This form of disposal is usually permitted in April and October, because important maintenance work in the garden causes a lot of waste in spring and autumn. This information only applies if the burning of garden waste is generally permitted in your region or if you have been granted an exemption from the municipality.

How long can I burn garden waste?

You can burn garden waste during the day between 8 a.m. and 6 p.m. Some federal states, such as Mecklenburg-Western Pomerania, only allow a burning time of 2 hours within this time window. This statement only applies if you meet all the prerequisites for legally compliant incineration. Furthermore, there must be no strong wind on the date itself and annoyance to the neighbors must be excluded. The embers must be completely extinguished by the time it gets dark.

Have the traditional burning days been abolished in all of Germany?

Up until the 1980s, it was common practice in rural areas to incinerate garden waste without further ado. The increasing awareness of environmental and health protection prompted most federal states to abolish the so-called burning days. In some regions, Saxony-Anhalt is the only federal state that still permits the incineration of garden waste without a prior approval process. In Burgenland, hobby gardeners are allowed to burn vegetable waste on property they use themselves in October.

In my state, burning garden waste is prohibited. Can I dispose of cuttings and autumn leaves in the forest or on a meadow?

No. Leaves, wood cuttings and other vegetable waste must not be disposed of in the wild. Violations are considered an administrative offense and are punishable by a fine of several hundred euros up to 50,000 euros. If large quantities of green waste rot in an uncontrolled manner, the soil and water can be significantly polluted. Some municipalities have even started to equip popular dump sites for garden waste with video surveillance in order to catch the culprits in the act.

Is it allowed to burn garden waste in Austria?

In Austria the legal situation is similar to that in Germany. In principle, it is forbidden to burn garden waste in the open air. Special permits are possible and are subject to the provincial administration or the responsible district administration. Due to the very harsh winters in the Alps, some federal states allow smoking under fruit trees in the period from April 19 to June 15 as frost protection without prior application. Dry, vegetable waste may be used as fuel.

Tips

Please do not stack garden waste until the day of the approved incineration. Piles of leaves, wood and shrub cuttings attract small animals within a short time as a welcome retreat and cozy winter quarters. If you set fire to green waste after it has been stored for a long time, the animal refuge will turn into a pyre.