Every year in the garden the question arises: where to put piles of leaves, mountains of clippings and similar rubbish? Wouldn't it be a good solution to burn garden waste so that the problem just goes up in smoke? This guide sheds light on the legal situation in Germany.

Burning garden waste is only permitted in a few federal states

Table of Contents

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  1. the essentials in brief
  2. State regulation decides
  3. Observe strict requirements
  4. Special permission in exceptional cases
  5. frequently asked Questions

    6. the essentials in brief

    • In principle, burning garden waste is only permitted in Bavaria, Baden-Württemberg and Saxony-Anhalt
    • In most federal states, an application for an exception can be made
    • When it comes to burning, there are numerous regulations regarding distances, time, 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 plant waste, there is a nationwide avoidance requirement in accordance with Section 7 of the Closed Substance Cycle Act. As a result, the burning of garden waste is generally prohibited nationwide. However, the federal government passes the final decision on to the state governments on the basis of an authorization under 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 may be burned in the garden. The following table lists the federal states in which a general incineration ban applies and where regional exceptions are possible:

    federal state Incineration permitted yes/no regional exceptions possible yes/no
    Baden-Wuerttemberg 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-Anhalt Yes Yes
    Schleswig Holstein no Yes
    Thuringia no no

    You can read detailed information on the website of your state government under the keyword "Ordinance of the state government on the disposal of plant waste outside of waste disposal plants". If your federal state does not offer any further information on the Internet, please contact the regulatory office or the lower nature conservation authority.

    Burning garden waste is generally permitted in Baden-Württemberg, Bavaria and Saxony-Anhalt

    Citizen-friendly and exemplary - example Baden-Württemberg

    The state of Baden-Württemberg does not leave private gardeners alone with the problem of a high volume of waste. In principle, the state makes use of the authority to enact 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 offence. Disregarding the legal regulations can result in severe fines of up to 50,000 euros.

    Observe strict requirements

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

    • Notification: 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 (8am-4pm/6pm, Saturdays 8am-12pm)
    • Duration: 2-4 hours
    • what?: only burn dry garden waste
    • Weather: largely calm

    When burning garden waste, there are numerous regulations to be observed

    All federal states attach great importance to comprehensive fire protection measures when plant waste is burned in the garden. Fire accelerants 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 heavy smoke develops, the garden fire must be extinguished immediately. By nightfall at the latest, extinguished combustion residues must be worked into the ground.

    digression

    Recycle garden waste instead of burning it

    Branches, twigs, leaves and perennial clippings are garden waste by definition only. In fact, it is organic plant material with valuable nutrients in its luggage. Nitrogen, potassium, phosphorus and trace elements are far too good to just simply go to waste as smoke. Recycling makes more sense than rich compost, which stimulates the growth of flowers, perennials and vegetables. Remnants of prunings and autumn leaves are useful as mulch in beds or natural path coverings.

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    Special permission only in exceptional cases

    Section 28 of the Federal Waste Management Act (KrWG) states that waste disposal is only permitted in facilities provided for this purpose. 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 mostly linked to administrative requirements, such as a written notification or an application for a special permit. Without a state legal basis, the nationwide ban on burning garden waste applies.

    Most federal states and local authorities 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 communities provide a free organic waste bin and even pick up green waste from the front door several times a year, also without additional fees.

    Remote, rural areas without a dense waste disposal network have good prospects for an exemption. For the application, please contact the responsible regulatory office personally. The officials are open to reasonable arguments and grant special permission to burn garden waste.

    In sparsely populated areas there are good prospects for approval

    background

    Traditional fire is not waste incineration

    In Germany, traditional fires are not sacrificed on the altar of strict environmental regulations. The majority of state ordinances even expressly point out that Easter bonfires or Saint Martin bonfires 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 when clubs 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 Waste Management Act primarily regulates waste disposal as a federal law. Accordingly, it is forbidden in principle to burn garden waste in the wild. Any organic waste is to be disposed of in approved facilities only. Exceptions are possible. The federal government empowers the 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 communities. 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, garden waste may only be burned at specified times. This form of disposal is usually permitted in the months of April and October because important maintenance work in the garden causes a high volume 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 a special permit by the municipality.

    How long can I burn garden waste?

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

    Have the traditional distilling days been abolished throughout Germany?

    Up until the 1980s, it was common practice in rural areas to burn garden waste without further ado. The increasing awareness of the need to protect the environment and health prompted most federal states to abolish the so-called “burning days”. Saxony-Anhalt 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 vegetable waste on their own property in October.

    Burning yard waste is illegal in my state. Can I dispose of clippings and autumn leaves in the forest or on a meadow?

    No. Leaves, prunings and other plant waste may not be disposed of in the open air. Violations are considered administrative offenses and will be punished with a fine of several hundred euros up to 50,000 euros. When green waste rots in large quantities in an uncontrolled manner, the soil and water can be heavily polluted. Some municipalities have even taken to installing video surveillance on popular yard waste disposal sites to catch criminals in the act.

    Is it allowed to burn garden waste in Austria?

    The legal situation in Austria 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 state authority or the responsible district authority. Due to very severe winters in the Alps, some federal states allow smoking under fruit trees as frost protection in the period from April 19th to June 15th without prior application. Dry plant waste may be used as fuel.

    tips

    Please do not pile up garden waste until the day of authorized incineration. Heaps of leaves, shrubs and perennials quickly attract small animals 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 sanctuary turns into a pyre.

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