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Depew schedules public hearing on open‑burn law after residents report recurring smoke nuisances
Summary
The Village Board set a public hearing for Aug. 25 on a proposed Local Law No. 3 (open fires and incinerators) after staff said the village currently lacks an enforceable open‑burn ordinance; residents described repeated smoke and nuisance burning during public comment.
The Village of Depew will hold a public hearing Aug. 25 to consider Local Law No. 3 of 2025, a proposed open‑fires and incinerators ordinance that village staff say is needed to give code enforcement and the police clearer enforcement authority.
Village Attorney Sam told the board the village previously had an open‑burn law that was repealed around 2011 and that officials want a local ordinance to enable enforcement against unsafe or nuisance burns. Police Chief McNamara said, without a local ordinance, officers have limited ability to require a person to extinguish an unregulated, unsafe fire or to address persistent smoke entering neighbors’ homes.
During the public‑comment portion of the meeting, several residents described ongoing smoke problems. Susan Wisniewski of 33 Rogers Drive said a nearby neighbor has burned repeatedly this summer and that smoke has affected her ability to use outdoor space and open windows; she said she filed written complaints and called police but that the problem continued. “I work in a dental office. I can't wait to come home and sit on my patio in the sun, and I can't because it burns my throat,” Wisniewski said in the meeting record.
Why it matters: an enforceable local ordinance would give Depew officials a clear legal mechanism to address fires that create smoke hazards, public‑health risks or violate nuisance standards. The proposed law, if adopted after the public hearing, would enable code officers and police to regulate and, when necessary, order extinguishment of unsafe burns.
What happens next: the administrator was authorized to advertise the Aug. 25 public hearing; staff said notice will be published and that the village will explain the proposed regulations at the hearing. Residents with recurring smoke or suspected illegal burning were advised to continue documenting incidents (photos, dates/times) and to report them to police and, where appropriate, the New York State Department of Environmental Conservation, which enforces certain statewide open‑burn restrictions.
Public comment context: the board acknowledged local history — Sam said he is seeking records about why the prior ordinance was repealed — and emphasized that adopting a new local law is intended to provide reasonable, enforceable rules rather than to prohibit small recreational fires allowed under state law.
The board will consider the law after the public hearing and public comment on Aug. 25; staff will publish required notices in advance of that meeting.
