Ed Wengryn, Secretary | New Jersey Department of Agriculture
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New Jersey Review | Jul 23, 2025

New Jersey allows controlled burns for crop protection amid freezing threats

With cooler spring temperatures expected in New Jersey, the Department of Environmental Protection (DEP) has agreed to a request from NJDA Assistant Secretary Joe Atchison. This agreement allows farmers to use controlled open burning or specialized torches, known as smudge pots, to protect flowering crops from potential damage due to freezing weather. The measures are permitted starting today through March 26.

Forecasts indicate temperatures could fall into the 30s with variable winds across parts of the state. These colder conditions follow a period of warmer weather and pose a threat to certain fruits and vegetables currently in the flowering stage. Freezing temperatures at this time can significantly reduce crop yields.

The DEP and Department of Agriculture have implemented these protective steps for farmers' livelihoods and to ensure consumers will have access to Jersey produce later this year.

Under the Air Pollution Control Code, N.J.A.C. 7:27, et seq., and other applicable regulations, the DEP will permit open burning or use of smudge pots as needed for crop protection during low temperatures.

Farmers planning to use these techniques must notify the DEP’s Communications Center at 1-877-WARNDEP (1-877-927-6337). This notification ensures that proper procedures are followed but does not mandate implementation unless necessary.

If techniques are used without prior notice, farmers must inform DEP by 9 a.m. the following day, providing details about which method was employed.

Farmers should record their incident number provided by the Communications Center and supply information such as decision-maker names, farm addresses (excluding P.O. Boxes), contact numbers, predicted temperatures and wind speeds during usage, expected hours of technique application, and materials intended for burning.

Within two days after using either technique, farmers must submit further information via email to DEP including incident numbers, actual ambient conditions at usage time, verification statements on restriction adherence concerning open burning or smudge pot usage.

The New Jersey Department of Environmental Protection along with New Jersey Forest Fire Service advises caution against open burning in high wind velocities. Farmers are urged to utilize smudge pots instead when winds exceed 5 mph due to increased wildfire risks associated with such conditions; penalties apply if restrictions are violated.

Smudge pots may only be fueled with kerosene or No. 2 fuel oil while open burns can include clean untreated scrap lumber or natural materials like felled trees but exclude any refuse types like trade waste or tires.

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