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The following information is intended only as guidance. For more information, you should contact the Air Compliance & Enforcement Office and/or reference the State's official rules.


To clear the air about how New Jersey addresses residential wood smoke issues. New Jersey's Air Pollution Control Act (APCA) specifically prohibits the permitting or investigation of a private residence.

Indoor equipment. For example, since a fireplace is within the residence, the State cannot use the APCA, or any rule adopted under the Act, including NJAC 7:27-5, for the enforcement of a residential fireplace.

Outdoor equipment. If the equipment were located outdoors, New Jersey has the authority under the APCA, but not if the equipment is located within the residence.

Pending Action(s): None at this time.


Outdoor woodburning boilers in New Jersey must comply with NJAC 7:27-3, “Control and Prohibition of Smoke from Combustion of Fuel.”

This regulation mandates that stationary indirect heat exchangers, such as outdoor woodburning boilers, produce no smoke, except for three minutes in any 30-minute period. This does not include outdoor fireplaces such as chimineas and firepits.

Homeowners and Local Building Officials should be aware that the requirement of no visible emissions makes it most likely that operating an outdoor woodburning boiler at a residence can violate state regulations. There are substantial fines associated with their use should they produce any visible smoke. These penalties start at $300 for a first offense.

Click here for the complete Compliance and Enforcement Advisory.

Pending Action(s):
NJ Senate Bills: S81 (2010), S2733 (2008)
NJ Assembly Bills: A2519 (2010), A3978 (2008)


The following list is for informational purposes only and does not necessarily represent all of the local ordinances that exist. Be sure to check with your local officials on residential wood smoke issues in your town.

  1. Swedesboro, NJ: Outdoor Furnaces
  2. Phillipsburg, NJ: Residential Outdoor Fires
  3. Cumberland County, NJ: Outdoor Wood Boilers Pamphlet
  4. Wanaque, NJ: Wood Furnaces, Outdoor
  5. Woodcliff, NJ: Outdoor Furnace Ban Considered
  6. Shrewsbury Township

Guidance on Wood Smoke Model Ordinances

DCA Memo to Construction Officials on Outdoor Wood Boilers

*Is your town not listed? Check General E-Codes and please contact us if your town has an ordinance on residential wood burning or smoke.