In the garden, the question arises every year: What to do with piles of leaves, mountains of clippings and similar rubbish? Wouldn't it be a good solution to burn garden waste so that the problem simply goes up in smoke? This guide sheds light on the legal situation in Germany.
In which federal states is it allowed to burn garden waste?
In Germany, burning garden waste is generally prohibited, but Bavaria, Baden-Württemberg and Saxony-Anh alt allow exceptions. In other federal states, an application for an exception can be submitted. Failure to comply with the regulations could result in fines of up to 50,000 euros.
Is it allowed to burn garden waste? – State law decides
A nationwide avoidance requirement applies to the disposal of plant waste in accordance with Section 7 of the Circular Economy Act. As a result, burning garden waste is generally prohibited nationwide. However, the federal government passes the final decision on to the state governments based on an authorization in accordance with Section 4 Paragraph 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 may be burned in the garden. The following table lists which federal states have a general ban on burning and where regional exceptions are possible:
| State | Incineration permitted yes/no | regional exceptions possible yes/no |
|---|---|---|
| Baden-Württemberg | yes | yes |
| Bavaria | yes | yes |
| Berlin | no | no |
| Brandenburg | no | yes |
| Bremen | no | yes |
| Hamburg | no | no |
| Hesse | no | yes |
| Mecklenburg-Western Pomerania | no | yes |
| Lower Saxony | no | yes |
| North Rhine-Westphalia | no | yes |
| Rhineland Palatinate | no | yes |
| Saarland | no | yes |
| Saxony | no | no |
| Saxony-Anh alt | yes | yes |
| Schleswig-Holstein | no | yes |
| Thuringia | no | no |
You can read detailed information on your state government's website under the keyword “State government regulation on the disposal of vegetable waste outside of waste disposal plants”. If your federal state does not offer any further information on the Internet, please contact the public order office or the lower nature conservation authority.
In Baden-Würtemberg, Bavaria and Saxony-Anh alt, burning garden waste is generally permitted
Citizen-friendly and exemplary – 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 authority 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.
Tip
Unauthorized burning of garden waste is not a trivial offense. Failure to comply with the legal regulations could result in severe fines of up to 50,000 euros.
Observe strict requirements
Even the most liberal state regulations are not a license for gardeners to burn annoying organic waste as they see fit. The injunctive relief of neighboring property owners in accordance with § 906 and § 1004 of the Civil Code (BGB) reigns supreme over all laws, regulations and rules. The smoke contains emissions that can cause cancer. Nobody in Germany has to expose themselves to this danger. For the benefit of neighborhood peace and to protect the environment and he alth, 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
- Time period: between sunrise and sunset (8 a.m. - 4 p.m./6 p.m., Saturdays 8 a.m. - 12 p.m.)
- Duration: 2-4 hours
- what?: only burn dry garden waste
- Weather: largely calm
There are numerous regulations to follow when burning garden waste
All federal states attach great importance to comprehensive fire protection measures when burning vegetable waste in the garden. No accelerants may be used to start the fire. Water for extinguishing fires must be available immediately. Furthermore, the embers must never be left to their own devices. If there is heavy smoke, the garden fire must be extinguished immediately. Extinguished combustion residues must be incorporated into the ground by nightfall at the latest.
Excursus
Recycle garden waste instead of burning it
Branches, twigs, leaves and shrub cuttings are simply garden waste by definition. In fact, it is organic plant material with valuable nutrients. Nitrogen, potassium, phosphorus and trace elements are far too good to fizzle out ineffectively as smoke. Recycling makes more sense than rich compost soil, which stimulates the growth of flowers, perennials and vegetables. Remains of wood cuttings and autumn leaves are useful as mulch in the bed or as a natural path surface.
Special approval only in exceptional cases
Section 28 of the Federal Circular Economy Act (KrWG) states that waste disposal is only permitted in designated facilities. This regulation includes all garden waste. Is your garden located in a federal state whose state regulations allow private waste incineration? Then this circumstance does not automatically count as approval within the meaning of Section 28 (KrWG), but is usually tied to administrative requirements, such as a written announcement or an application for special approval. Without a state legal basis, the nationwide ban on burning garden waste applies.
Most states and municipalities find it difficult to issue special permits. 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 from their front door several times a year, also without additional fees.
There are good prospects for an exemption in lonely, rural areas without a dense disposal network. To apply, please contact the responsible public order office personally. The officials are open to reasonable arguments and issue a special permit to burn garden waste.
There are good prospects of approval in sparsely populated areas
Background
Custom fire is not waste incineration
Traditional customary fires are not sacrificed at the altar of strict environmental regulations in Germany. The majority of state regulations even expressly point out that Easter fires or St. Martin's fires are permitted. However, the event is usually associated with an obligation to report to the police. Many municipalities consider it a fundamental indication of a traditional fire if clubs take part in it and all citizens have access. However, anyone who disposes of private garden waste under the guise of an Easter fire will face 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 Circular Economy Act, as a federal law, primarily regulates waste disposal. Accordingly, it is generally forbidden to burn garden waste in the open air. Any organic waste generated must only be disposed of in approved facilities. Exceptions are possible. The federal government authorizes state governments to allow the incineration of garden waste under certain conditions. The state governments, in turn, pass this right on to their cities and municipalities. Please ask your local municipality whether and under what conditions you are allowed to burn garden waste.
When can I burn garden waste?
As a rule, garden waste is only allowed to be burned at set times. This form of disposal is usually permitted in the months of April and October because important maintenance work in the garden in spring and autumn causes a high volume of waste. This information only applies if the burning of garden waste is generally permitted in your region or you have been granted an exemption by 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 combustion. Furthermore, there must be no strong winds on the day itself and there must be no disturbance to the neighbors. The embers must be completely extinguished by nightfall at the latest.
Are the traditional distilling days abolished throughout Germany?
Until the 1980s, it was common practice in rural areas to simply burn garden waste. The increasing awareness of protecting the environment and he alth led most federal states to abolish the so-called burning days. Saxony-Anh alt is the only federal state that still allows the burning of garden waste in some regions without prior approval. In Burgenland, hobby gardeners are allowed to burn plant waste on their own property in October.
In my state, burning garden waste is prohibited. Can I dispose of clippings and autumn leaves in the forest or on a meadow?
No. Leaves, wood cuttings and other plant waste may not be disposed of in the open air. Violations are considered an administrative offense and are punished with a fine of several hundred euros up to 50,000 euros. If green waste rots in large quantities in an uncontrolled manner, the soil and water can be significantly polluted. Some municipalities have even started to equip popular garden waste dumping sites with video surveillance to catch the perpetrators in the act.
Is it allowed to burn garden waste in Austria?
In Austria the legal situation is similar to that in Germany. It is generally forbidden to burn garden waste in the open air. Special permits are possible and are subject to the state administration or the responsible district administration. Due to very harsh winters in the Alps, some federal states allow smoking under fruit trees from April 19th to June 15th as frost protection, without prior application. Dry, vegetable waste may be used as fuel.
Tip
Please only pile up garden waste on the day of the authorized burning. Piles of leaves, tree and perennial 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 turns into a pyre.
