With cooler spring temperatures expected, the New Jersey Department of Environmental Protection (DEP) has approved a request from NJDA Secretary Ed Wengryn to allow farmers to conduct controlled open burns or use smudge pots. This measure aims to protect flowering crops from potential damage due to low temperatures. The allowance is effective from April 20 through April 27.
Temperatures are forecasted to drop into the 30s or lower, posing a risk of freezing weather that could harm crops in their flowering stage and significantly reduce yields of certain fruits and vegetables. The DEP and the Department of Agriculture have implemented these measures to safeguard farmers’ livelihoods and ensure an ample supply of local produce later in the year.
The DEP will utilize its authority under the Air Pollution Control Code, N.J.A.C. 7:27, et seq., to permit open burning or smudge pot use for crop protection during low temperatures. Farmers intending to use these methods must notify the DEP’s Communications Center at 1-877-WARNDEP (1-877-927-6337).
Notification is not mandatory for implementing either technique but ensures proper procedures are followed if necessary. If a farmer uses either method without prior notification, they must inform the DEP by 9 a.m. the following day and specify which technique was used.
Farmers need to record the incident number provided by the Communications Center and submit details such as:
– Decision-maker’s name
– Farm name
– Farm address
– Contact telephone number
– Predicted temperature at operation time
– Anticipated wind speed
– Expected hours of technique usage
– Materials expected for burning
An email address and incident number will be given during initial contact with the Communications Center. Within two days, farmers must submit additional information via email, including ambient temperature, actual wind speed at usage time, and verification that all restrictions were followed.
The New Jersey Department of Environmental Protection and New Jersey Forest Fire Service advise caution regarding open burning in high wind conditions. Smudge pots should be used when winds exceed five mph due to wildfire risks associated with open burning under such conditions.
Smudge pots can only be fueled with kerosene or No. 2 fuel oil. Open burning materials are limited to clean scrap lumber, felled trees, pruned clippings from trees and shrubs, hedgerows, or firewood; no refuse or waste may be included.



