Heather and Grass Burning in England

Closes 25 May 2025

Introduction

England’s peatlands are of huge international importance, and it is vital that we protect these sites for future generations. However, 80% of England's peatlands are degraded, with rotational burning being a contributory factor in upland regions. 

Protecting peat from further damage is crucial to its restoration and recovery. In the uplands, protection is provided by The Heather and Grass etc. Burning (England) Regulations 2021 (the Regulations) which were introduced to prevent unnecessary burning on peatlands.  Repeated burning risks permanently altering the species composition and hydrology of peatland habitats.   

In a wetter, healthy-functioning state peatlands provide a wealth of environmental benefits including improved biodiversity, high quality drinking water, carbon storage, flood mitigation and havens for wildlife. Peat that is wet is less likely to burn during a wildfire, builds new peat and loses less carbon through oxidation, protecting the stored carbon of old peat in line with the net zero mission and ensuring that the habitat persists[1]. 

The government recognises that prescribed burning may be a necessary management tool in very limited circumstances, for example where there is an evidenced wildfire risk and where absolutely no feasible alternatives exist. Under the Regulations, burning vegetation on Sites of Special Scientific Interest (SSSIs) that are also Special Areas of Conservation (SACs) or Special Protection Areas (SPAs) requires a licence if the peat depth exceeds 40cm.  

We are reviewing the existing Regulations and considering the potential benefits of extending them to a broader area of upland peat, whilst maintaining an effective licencing scheme.  

This consultation seeks your views on the following potential amendments to the Regulations. These potential amendments would bring England’s regulations more into line with Scotland.  

  • The geographical area protected by regulations 

  • The depth of peat protected  

  • The grounds under which to apply for a licence to burn  

  • Mandatory compliance with the Heather and Grass Management Code 

  • Mandatory prescribed fire and wildfire training 

If implemented, these changes will increase the area currently protected from 222,000 hectares to over 368,000 hectares of England’s total 677,250 hectares of deep peat (around half of England’s deep peat is in lowland areas). The entire area of upland deep peat that is potentially subject to burning will be protected.

Further details on these proposals, consultation questions and how to provide your response, can be found in the Consultation Document.  

 

[1] Blanket-bog-land-manager-guidance-FAQs-Report.pdf