Recreational backyard fires are governed by your municipality. In the Town of Waukesha, outdoor fires must use an approved incinerator or a permit, stay 20 feet from structures, be attended at all times, and never burn in high wind, dry conditions or after dark.
Waukesha County leaves backyard and recreational fires to each city, village and town. Under Town of Waukesha Sec. 5-2-8, burning is only permitted in an approved enclosed incinerator or with a burning permit issued by the Fire Chief or Town Clerk. Permit conditions require the fire be attended at all times, piles no larger than 10 feet in diameter, no burning when wind exceeds 15 mph or dry conditions exist, daylight burning only, fully extinguished at night, and a safe distance from property lines and structures. During drought the fire department can declare an emergency banning all open fires. The City of Waukesha permits recreational fire pits 3 p.m. to midnight.
Negligently setting a fire that escapes, or burning in violation, results in a forfeiture plus liability for suppression expenses billed by the town clerk.
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