Guidance

Heather and Grass Management Code 2025

Published 30 September 2025

Applies to England

Introduction

The Heather and Grass Management Code 2025 (‘the Code’) updates the previous Heather and Grass Burning Code 2007. It provides a code of good practice to supplement the Heather and Grass etc. Burning (England) Regulations 2007 and the Heather and Grass etc. Burning (England) Regulations 2021, as amended by the Heather and Grass etc. Burning (England) (Amendment) Regulations 2025. It also provides additional advice on the planning and control of specific management interventions, as well as the habitats and features which should be avoided.

Background

Burning of vegetation has been used as a management practice for many years. Management by cutting to achieve similar aims is increasing. Both methods are used:

• on land managed for shooting to create patchworks of different aged heather for grouse
• to improve rough grazing
• to manage habitats for nature conservation objectives
• to protect and preserve the visibility of the historic environment
• to reduce risks posed by wildfire ignition

This Code supports land management activity where rough vegetation is managed by periodic burning or cutting. This includes on grasslands, peatlands, heathlands and rough vegetation.

The Code sets out best practice that balances land management objectives with other considerations, including:

• the protection of sensitive habitats and species
• the conservation of valued landscapes and soil carbon stores
• maintaining public safety and amenity

Burning requires a high level of experience. When used with skill and understanding it can be a practical and efficient way to manage vegetation. However, there are also risks for people, property and the environment.

Burning on peatlands may increase dominance of drier vegetation communities, impact water quality and alter the functional and topographic characteristics of the site.

In recent years cutting of vegetation has become more widely practiced as an alternative to burning. It is sometimes also used in the management of rough vegetation instead of burning, but where the situation is comparable. An example of this is rush cutting on rough grassland or moorland. 

Managing vegetation by cutting and burning each have their own advantages and disadvantages. 

Healthy peatlands do not require burning as an active form of management. Instead, peatlands should be restored to their naturally functioning state, using a long-term process of:

• rewetting (restoring the hydrological function of a site)
• removing the features that cause degradation, such as inappropriate grazing and drainage

This is a voluntary code. It outlines good practice on planning the management of vegetation, when and where to carry it out safely and responsibly. Section 4 of the Code summarises the main laws which apply to vegetation management. The Code does not aim to provide full guidance about how to carry out burning or cutting in compliance with the law or health and safety requirements.

We acknowledge the contribution of those who have contributed to previous versions of the Code and all individuals and organisations involved in developing this revised version.

Section 1: Planning for appropriate management

This section explains how you should plan for vegetation management. It also covers different management techniques and when they should be used.

Management plans

Any management that you carry out should be necessary and carried out by the most practical technique that causes the least damage.

Burning and cutting should be carried out in accordance with a written plan. The plan should include the rationale for the management, and a planned long-term approach, taking account of all the relevant issues in the Code. This should be an outcomes-based approach. Plans may be part of an agri-environment scheme agreement or may be informed by a site of special scientific interest (SSSI) consent or licence.

Management plans should: 

• cover several years and not just any immediate interventions 

• be developed in collaboration with the fire and rescue service (FRS) and local communities

Burning or cutting as part of an agreed Wildfire Management Plan may involve management in locations not recommended by this Code. These should be agreed on a case-by-case basis with the relevant authorities (for example, Natural England, Defra, Environment Agency, FRS).

How to manage

Any management that you carry out should be necessary and carried out by the most practical technique to avoid damage. This may involve using multiple management techniques in the management plan.

Decisions about where to manage and how to manage must be made together. Some areas do not need management and in others your choices are limited. For example, access for machinery will limit where cutting is possible and environmental considerations may limit where burning is acceptable.

Rewetting (peatland sites)

Peatland sites in England have been impacted over time by factors such as drainage, peat extraction, burning, grazing, mineral extraction, and air pollution. These often lead to loss of peatland function, drying the peat out and alteration of characteristic biodiversity. Restoring peatland sites to more natural systems and processes is a long-term goal which will:

• help lock up carbon
• restore peatland biodiversity
• minimise wildfire hazards
• improve water regulation and quality

Additionally, restoring healthy, functioning peatlands is the best, and often the only, way of providing sustainable, long-term protection to the historic environment. 

A key component of peatland restoration is rewetting. Rewetting, or hydrological restoration, aims to return the hydrology to a natural state, with the peat saturated, typical species re-established, and healthy peatland function restored. By increasing wetness, the risk of uncontrolled fires burning into the peat is decreased. 

Rewetting is a process rather than a one-off intervention and it may take time to see an increase in the water table. 

Rewetting techniques may include: 

• blocking drains and ditches 

• installing bunds 

• scrub and tree removal 

• introducing key plant species of healthy peatlands such as Sphagnum mosses

• stopping activities that limit recovery of typical peatland species and function, such as over grazing or burning

Monitoring is recommended to check results and progress against desired outcomes. 

Legal responsibilities

You may not cut or burn vegetation if it would: 

• pose significant risk to people or property
• disturb or destroy wild birds, their nests, or protected animals or plants
• breach rules which protect soil from burning-related exposure and erosion

A more comprehensive list of laws relating to burning can be found in Section 4.

Planning how to manage

Once you have decided what land is to be managed you can work out how best to do it. Online mapping services such as MAGIC can help you decide where to manage.

Heathland with mineral soils 

Adjust your plan to take account of growth rates and management objectives on different parts of the land. Management should be dynamically assessed over time.

Burn only on areas with a 50% or greater cover of heather. 

As a general guide, only burn on dry heath when heather is about 30cm (12 inches) talI. If burning is deemed necessary, allow some patches of heather (and other heathland vegetation) to grow to over 40cm (16 inches) to increase structural diversity and habitat for wildlife. Such areas should cover at least 10% of the area of heath managed by burning or cutting. 

Peatland

Do not burn on peatland unless permitted by licence or as part of an approved Wildfire Management Plan.

Only cut vegetation on peatland where cutting can avoid contact with the moss layer and where machinery access does not damage the ground surface.

Cutting is likely to be effective as a restoration technique only where there are also measures to restore water levels in the peat so that the regrowth of vegetation is reduced. 

Grassland

Only burn grassland if dead plant material is widespread as a result of under-use by grazing stock. 

On enclosed grassland, cutting (or mechanical topping) are likely to be better options to control unused herbage.

Grass moorland

Only burn grass moorland if dead plant material is widespread as a result of under-use by grazing stock. Ideally, increase summer grazing intensity as an alternative to burning or cutting (being careful to avoid overgrazing).

Avoid burning purple moor-grass (Molinia) because burning is likely to perpetuate its abundance. Burning of Molinia is not recommended because frequent burning is needed to maintain grazing value and this results in Molinia dominance and loss of winter grazing and biodiversity.

Cutting Molinia might be useful to provide access for stock into dense swards and may, alongside targeted grazing, be used to reduce the vigour of Molinia. 

Gorse and broom scrub

Fires in gorse and broom can be intense and difficult to control. Burning is likely to be followed by regrowth from rootstocks or seed so is not an effective way of long-term control. 

Avoid burning gorse or broom scrub more frequently than once every 5 years.

Cutting gorse with a mulcher may be effective and reduce regeneration rates.

Reedbeds

The management of reeds is not covered within this Code as it is not a vegetation type listed in The Heather and Grass etc. Burning (England) Regulations 2007 or The Heather and Grass etc. Burning (England) Regulations 2021.

Rushes

Burning rushes will remove dead material but is unlikely to be beneficial.

Cutting will have a temporary effect - but rushes, particularly soft rush, are tolerant of cutting and any effect is likely to be temporary. This is sometimes used as a means of improving habitat structure for breeding birds. 

Cutting may be used to prepare the area for herbicide treatment or follow-up grazing if longer term control is required.

Ground disturbance associated with either cutting or burning could allow germination of new rush plants from the persistent seedbanks. 

Cutting, swiping and baling

You can consider cutting or swiping (with a flail mounted on a tractor) as an alternative to burning unless:

• it is unsafe
• the ground is wet and damage to vegetation and soil will occur
• vegetation, soil and archaeological or historic features will be unduly damaged by machinery

Cutting and swiping are not subject to the burning season. Neither is baling heather. These practices are subject to Part 1 of the Wildlife and Countryside Act (see paragraph 28). 

If using swiping to create firebreaks or in place of burning, avoid creating regular shapes with straight edges. Avoiding regular shapes increases the amount of ‘edge’ between short and tall heather or heath, which is desirable on grouse moors and is better for wildlife. Regular shapes can also have negative effects on the character of the landscape. Aerial images and use of a Geographic Information Service (GIS) should help inform your management plan to account of landscape characteristics. The use of cutting in the management plan must also take account of all archaeological sites in the area.

Cutting or burning on moorland to improve grazing

Cutting or burning can sometimes be used to spread grazing and reduce pressure on individual areas, by managing different parts of the moor each time.

Avoid actions that result in stock concentrating in the burnt or cut areas. 

Where possible link managed areas, or other breaks in vegetation cover, to allow stock to move between them.

Grazing 

Getting the grazing right is important to ensure your management interventions are successful in the long term. Any successful long-term plan to recover habitats may mean adapting grazing regimes. The type, numbers, timing and location of grazing animals are crucial to ensure your site is not over- or under-grazed. 

Grazing can: 

• create a mixed sward of grasslands
• make a mosaic, not leaving hard edges
• reduce the need for mechanical control
• control unwanted scrub encroachment and non-native species
• bring additional profit, such as wool, fibre, leather, meat products
• support rural communities and economies
• bring biodiversity and soil health benefits

However, grazing may also: 

• require more input and money meaning it is not economically viable
• require specialist shepherding skills
• lead to sediment runoff and nutrification

Burning after heather beetle attack

The heather beetle is a naturally occurring species in the heather dominated landscapes of the United Kingdom. It is recognised that population density can vary dramatically at the local level, giving rise to ‘outbreaks’ which can lead to damage to heather plants, with damage appearing in late June through to September.

There is no evidence from trials that burning or cutting of heather is necessary to reestablish heather after a beetle attack.

Monitoring

Consider how you will assess whether your actions have been effective. This should be fed back into your management plan to inform future management.

Communicating and cooperating with others 

There are several ways you should reduce risks and inconvenience to others.

Consult your local fire and rescue service well in advance of the burning season. Check whether, and how, they want to be informed about when and where you are likely to burn.

Put out warning signs or notices advising users of the site. Doing this in advance will allow people to adjust their activity and may reduce conflict. 

Consult neighbouring land managers and commoners if they might be affected by smoke or fire from burning. They may want to be informed before burning, particularly if there is a potential risk to their land. For example, when burning close to neighbouring woodland, scrub or stands of mature heather. 

Avoid burning when wind direction or other factors will result in smoke causing a hazard or nuisance to the public. 

Ensure operators have a way to contact emergency services and neighbours quickly if something goes wrong. 

Consider joining or creating a local wildfire or fire operations group that can share resources and coordinate mutual assistance if fires get out of control.

On common land, consult commoners and the local commoners’ association if there is one. Commoners proposing to burn should consult owners and other land managers.

Section 2: Sensitive areas

Some areas are particularly sensitive and any management, especially burning, should be avoided. In general, sensitive areas do not require management. Burning or cutting these areas may cause long-term or permanent damage. 

Management plans should include clear identification of areas where:

• there will be no burning
• there will be no burning or cutting
• cutting may be possible

These should be at least 10% of the total area and be widely spread across the area. Some of these areas will be sensitive areas as described below.

To burn or cut:

• in an SSSI you must have written consent from Natural England
• on land in an agri-environment agreement, you must have permission from the Rural Payments Agency (RPA)

Do not burn

Woodland, woodland edges and scrub (not including gorse and broom)

You should not allow fires to spread into:

• stands of mature trees (even when sparsely stocked)
• recently replanted areas of native trees or shrubs
• naturally regenerating areas of native trees or shrubs

Specific guidance on planning burning operations in forestry is available from Forest Research.

Vegetation on peat soils

You should not burn in peat bogs.

Peat bogs include:

• blanket bogs
• raised bogs
• valley bogs
• mires

Wet heaths are also found on shallow peat or other soils where the water table is close to or at ground level for at least part of the year. Vegetation typically includes heathers and grass-like plants. Other wetlands include Culm or Rhôs pastures and rush beds. These areas should not be burned.

Springs and flushes

You should not burn in springs and flushes.

Coastal heath

You should not burn in areas of coastal heath.

Ground with abundant, or an almost continuous carpet of Sphagnum, liverworts or lichens 

You should not burn where there is an abundant, or almost continuous carpet of Sphagnum, liverworts or lichens.

Bracken heath mosaics or bracken-dominated areas

You should not burn in bracken heath mosaics or bracken-dominated areas.

Mountain habitats above the natural treeline

You should not burn in mountain habitats above the natural treeline. This is usually around 600 metres above sea level. These areas are particularly susceptible to fire damage.

Other sensitive areas where you should not burn

You should not burn: 

• areas where there is soil erosion, including peat haggs and other areas with exposed peat, including erosion gullies
• areas with heavily grazed vegetation - heather suppressed by grazing should be allowed to recover and vegetation removal should therefore be avoided
• areas of late mature or degenerate heather (and other vegetation with a noticeably uneven small-scale structure) - these are likely to be particularly rich in plants and insects
• areas at risk of soil erosion or where the soil is very thin (less than 5cm or 2 inches of soil over underlying rock)
• steep hillsides and gullies – slopes steeper than 1 in 2 (or 1 in 3 on blanket mire or wet heath) - these are the areas that may be better suited to develop as mature scrub and wooded habitats
• areas within 5 metres of watercourses - there can be an increased risk of soil erosion close to watercourses (for example, once vegetation has been removed or soil disturbed by burning or cutting)
• summits, ridges and other areas which are particularly exposed to the wind (or salt-spray) with severely wind-pruned vegetation, mostly forming a prostrate and sometimes sparse mat less than 10cm or 4 inches thick

Take additional care if burning

Sites of special scientific interest

Where the proposed management has been notified as an ‘operation likely to damage’ it must only be conducted in line with a consent issued by Natural England.

Where bracken is present

Burning can lead to bracken spread. Avoid burning within 15 metres of bracken-dominated areas unless the burning aims to remove bracken litter as part of a control programme. Cutting is a recognised means of reducing bracken vigour and is an effective management practice if sustained. 

Areas with fire-sensitive species and their habitats

You should take additional care if burning in areas where fire-sensitive species such as lizards and snakes are present.

Areas with archaeological remains

You should avoid damage to features of archaeological or historical interest. Scheduled monuments are protected by law. Above ground features are at particular risk from mechanical damage in cutting operations.

 A historic environment specialist may be able to provide advice on appropriate management.

For land in National Parks, contact the National Park Authority archaeologists at the Association of Local Government Archaeological Officers. For all other locations, use the Heritage Gateway website to find contact details for a local authority archaeologist or historic environment office. If there is a scheduled monument, contact Historic England.

Section 3: Safe and responsible operations 

This section gives guidance on how to operate in a safe and professional manner. It includes information on: 

• only operating when conditions are right
• minimising risks to people and wildlife
• conducting safe and controlled practices
• the size and shape of burns

Burning safely

Do not burn when conditions are too dry (for example if there is moss and plant litter on the ground and it has dried out). A moss and litter layer helps to protect the soil and plant roots and should not be burned. 

Check weather forecasts as close to the time of burning as possible. Do not burn if the weather is unsuitable for safe and controlled burning. Do not burn if forecasted wind directions will carry smoke to villages, towns or cities. 

If you are unsure about conditions, consider lighting a small test fire to help you decide whether to proceed with burning. 

Ideally, burn in a steady breeze of about 8 to 12 miles per hour (force 3). Such a breeze would move leaves and small twigs on trees constantly but would not blow dust or paper about or move small branches of trees.

Do not burn in strong winds. Generally, try to avoid burning in winds over 15 miles per hour (force 4 or above). At this speed, strong, taller heather stems thrash about continuously and even the shorter, more sheltered heather stems are in continuous motion. Dust and loose paper would be raised by the wind. 

Avoid burning when there is no wind, or in particularly gusty winds. Burning on still days increases the risk of hot, slow burns which can damage plant roots and soil. Gusty winds are unpredictable and can be dangerous. Be aware of potential changes in wind direction. 

Remember that fire creates its own draught that may affect its direction irrespective of the wind.

Cutting safely

Follow industry-standard advice about the safe operation of machinery and carrying out activities in remote locations. This will include the requirement to: 

• use low ground pressure vehicles and avoid areas where rutting or damage to soils may occur
• set the cutting height to avoid contact with any moss layer
• not damage features of historic or archaeological interest
• take care when refuelling to avoid spillages or contamination of soils or water
• follow separate guidelines for cutting and collection of material for use in restoration of habitat

Minimise risks to people and wildlife

Burning 

Minimise risks by following industry guidance on safe operation of burning and associated smoke risks.

By law, there must be sufficient people and equipment to control burning during the entire period of the burn. 

Do not burn so that smoke affects visibility on roads.

Do not burn if it is likely to harm or disturb protected species. Be particularly careful not to disturb wild birds and animals late in the burning season when they may be starting to breed – doing so is illegal. 

Cutting

Minimise risks by following industry guidance on safe operation of machinery and follow safe working practices.

Before accessing an area with machinery check that your operation will not cause damage to soils and vegetation due to rutting. 

Check the area to ensure that you will not disturb nesting birds or destroy nests or sensitive plant species. 

Do not cut within 5 metres of any active watercourse.

Do not cut where soils are less than 5cm in depth overlying rock.

Conduct safe and controlled practices

Burning

The advice in this section should help you to conduct safe, controlled burns. 

Do not burn unless you know how and where the fire will be extinguished.

Do not damage any moss or litter layer or expose the bare soil surface. Always avoid burning the roots of plants because doing so will increase risk of soil exposure and erosion, and vegetation will take much longer to recover.

Ensure there are sufficient firebreaks. The width of firebreaks should be at least 2 and a half times the expected flame length.

Fires must always be supervised. Always have sufficient manpower available. The fire must be extinguished before supervision ceases with someone being responsible for a final check. All equipment and persons involved in the burning operation should be under control of one person.

Do not burn if the flames are likely to be too long. This will depend on fuel load and weather conditions. If flames start to exceed 3 metres stop burning. Such fires can be difficult to control and their heat output is likely to cause environmental damage. 

Burn with the wind. Ideally the wind should be blowing downhill. If this is not possible burning on the level is the next best option, and failing this on a gentle upward slope.

Only burn against the wind using great care. Backburning can be used to prepare fire-breaks. However, such fires can produce hot burns, which can cause lasting damage to vegetation and increase the risk of soil exposure and erosion. Backburning is not appropriate on peaty soils as the fire is more likely to burn into the peat layer. 

Always protect sensitive areas by burning away from them or protecting them with fire breaks.

You should extinguish fires before sunset and always ensure they are properly extinguished by dusk.

Control the flanks of a fire at the desired width leaving the fire front to spread in a predetermined direction. Consider having at least one flank defined by a natural or prepared firebreak. 

Cutting 

Minimise risks by following industry guidance on safe operation of machinery and follow safe working practices.

Size and pattern of management patches 

Keep management patches small and well distributed over the area. Do not group patches closely together.

On heathland on mineral soil, you should keep management patches to a maximum width of 30 metres. Try never to allow the width to exceed 55 metres. 

When managing heathland for grazing or grouse, keep individual management patches to an area of less than 2 hectares. 

On lowland heathland it is more effective to burn 0.25 to 1 hectare patches than larger patches.

On gorse and broom scrub management patches should not exceed 2 hectares. No more than one third of the gorse or scrub should be managed in any one year. 

On grassland and grass moorland patches should not exceed 5 hectares. Within individual parcels of such habitats, no more than one third of the area should be managed in any one year.

Section 4: The law 

This section summarises the legal requirements which apply to burning in England. These requirements are found in full in the relevant legislation. 

Secondary legislation

The Heather and Grass etc. Burning (England) Regulations 2007 and the Heather and Grass etc. Burning (England) Regulations 2021 are the main pieces of secondary legislation. These regulations are made under the Hill Farming Act 1946. They apply to the burning of heather, grass, bracken, gorse and vaccinium.

Together they explain:

• when burning can take place across England
• when you need a licence from Natural England or the Secretary of State for Environment, Food and Rural Affairs

The Heather and Grass etc. Burning (England) Regulations 2021

Burning on peat deeper than 30cm in a less favoured area is unlawful unless carried out under the terms of a licence issued by the Secretary of State.

The Heather and Grass etc. Burning (England) Regulations 2007

These regulations prohibit various types of burning (unless under licence from Natural England) which may create a high risk of soil exposure and erosion. Each ban only takes effect over a threshold to avoid catching responsible burners and minor accidents.

If any of the following will apply to your burn, it is unlawful to burn except under licence from Natural England:

• it is outside the burning season
• it will cover more than 10 hectares in a single burn
• it will cover more than 0.5 hectares on a slope steeper than 45 degrees or on rocky or scree areas
• it will expose more than 0.5 hectares of bare soil - an area of soil is ‘bare’ for these purposes if no more than 2% of it is covered by vegetation or plant litter
• it will expose more than 25 metres of bare soil along the banks of a watercourse (any channel with flowing water, apart from pipes) that is wider than one metre for its entire length. Again, soil is considered ‘bare’ if no more than 2% of it is covered by vegetation or plant litter
• it will leave soil smouldering for more than 48 hours

Burning season and safety of burns

Under both regulations, burning may only take place in the burning season (unless under licence from Natural England or the Secretary of State). In upland areas the season is 1 October to 15 April inclusive. On all other land it is 1 November to 31 March inclusive.

Burning must be conducted safely. Burns must be controlled for their entire duration. There must be enough people and equipment to control and regulate the burning during the entire period of the burning activity. Additionally, all reasonable precautions must be taken to prevent injury to people or damage to adjacent land and property. Burning must not start between sunset and sunrise. 

Except under licence, burns must not leave soil smouldering for more than 48 hours. This may happen particularly when fires burn into peat, destroying the soil and raising a risk of secondary wildfires.

Applying for a licence

Check the guidance Heather and grass burning: rules and when you need a licence for details of:

• how to apply for a licence to burn outside the burning season or contrary to prohibitions above
• how to identify if your burn will fall within a less favoured area

Railway land

There are slightly different rules under The Heather and Grass etc. Burning (England) Regulations 2007 for burning on railway land.

Offences

Any person who contravenes the Heather and Grass etc. Burning (England) Regulations 2007 or the Heather and Grass etc. Burning (England) Regulations 2021 commits an offence and is liable to a fine of up to level 3 on the standard scale (which equates to £1,000 at the time of publication, though this figure is subject to change).

Other legislation

Various other laws also apply to burning. The main points are summarised here.

It is unlawful to conduct any activity, including burning, cutting or swiping which disturbs or destroys wild birds, or other protected animals, plants and habitats. This applies regardless of the burning season. Land managers should pay particular regard when conducting management from March onwards. This is because, among other things, this law covers disturbance of protected birds while they are nest building, or at any time during nesting. (Part 1 of the Wildlife and Countryside Act 1981; The Conservation of Habitats and Species Regulations 2017 and the Conservation (Natural Habitats, &c.) Regulations 1994).

It is unlawful to carry out burning or cutting on a site of special scientific interest (SSSI) without consent from Natural England if burning or cutting have been notified as an ‘operation likely to damage’ (Section 28 of the Wildlife and Countryside Act 1981). It is unlawful to intentionally or recklessly damage or disturb SSSI features. 

It is unlawful to burn or cut in a way which damages a scheduled monument. (Section 2 of the Ancient Monuments and Archaeological Areas Act 1979).

It is unlawful to disturb an air crash site protected under the Protection of Military Remains Act 1986.

It is unlawful to burn in a way likely to cause injury, interruption or danger to road users. (Section 161A of the Highways Act 1980).

All equipment must be fit for purpose. (Regulation 4 of the Provision and Use of Work Equipment Regulations 1998).

It is unlawful for burning operations carried out in the course of employment to endanger anyone, including the public. (Sections 2 and 3 of the Health and Safety at Work etc. Act 1974; and the Management of Health and Safety at Work Regulations 1999). 

It is unlawful to cause emission of smoke which is prejudicial to health or causes a nuisance. (Section 79 of the Environmental Protection Act 1990). 

It is unlawful to pollute ‘controlled waters’, for example, through soil erosion. (Section 85 of the Water Resources Act 1991). 

It is unlawful to damage natural habitats or natural resources in such a way as would cause a breach of The Environmental Damage (Prevention and Remediation) (England) Regulations 2015.

Agri-environment schemes

Agri-environment schemes may require particular forms of management to be carried out in particular areas and may limit other forms of management. You must refer to your agri-environment scheme in any management plan.