Residents cannot burn debris, vegetation, or open piles in their backyard in unincorporated Marin from May 1 through October 31. Outside that window, a Marin County Fire–signed LE5 burn permit is required and only dry natural vegetation may be burned, with an adult tending at all times.
Backyard burning (debris piles, leaves, and vegetation) in unincorporated Marin County is governed by the Marin County Fire Code (Chapter 16.16 MCC, Ord. 3775) and the California Public Resources Code. Marin County Fire suspends all backyard pile burning during the declared fire season — typically May 1 through October 31. Outside that window, a homeowner must (1) obtain a LE5 California Inter-Agency Burn Permit signed by Marin County Fire, (2) verify the day is a Bay Area Air Quality Management District 'permissive burn day,' and (3) follow strict pile rules: maximum four-foot pile diameter and height, 10-foot bare-soil clearance around the pile, no burning on windy days, water and a shovel on hand, and an adult tending the fire at all times. Only dry natural vegetation grown on the property may be burned — burning trash, painted or treated wood, plastics, or construction debris is never permitted. In addition, during any National Weather Service Red Flag Warning the County prohibits all outdoor burning, including 'no barbecues or fire-pits outdoors,' 'no open flames including cooking, power tools, or mowers,' and 'no smoking outdoors.' For residents in incorporated cities or special fire-district areas within Marin, additional municipal rules typically apply — Marin County Fire issues backyard burn permits only for properties in unincorporated areas.
Backyard burning without a permit, or on a no-burn or Red Flag day, is a misdemeanor or infraction under the Marin County Fire Code and Cal. Public Resources Code § 4423. If a fire escapes, the responsible party can be billed for suppression costs under Cal. Health & Safety Code § 13009 — often tens of thousands of dollars — and can face criminal prosecution under Penal Code § 452 (reckless burning) or § 451 (arson) if intent is shown.
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