Recreational backyard fires at a home are allowed in unincorporated Merced County under the 'dooryard premises' exemption in Merced County Code Section 9.24.160-no burn permit needed. Open burning of brush or trash does require a permit. Fires must be attended by an adult and fully extinguished (Section 9.24.200).
Backyard recreational fires-such as a contained fire pit, chiminea, or cooking fire-are treated under the county fire-prevention code rather than a dedicated nuisance ordinance. Merced County Code Section 9.24.160 prohibits building or maintaining an outdoor fire, or burning brush, grass, or trash, without a permit from the county fire chief, but it exempts heating, cooking, and lighting appliances used within buildings, at 'dooryard premises' (the immediate yard around a dwelling), and at established campsites. A normal recreational fire in a residential backyard therefore generally does not require a permit, while burning yard waste or trash does. Section 9.24.200 requires that any outdoor fire be attended by an adult and thoroughly extinguished-by covering with dirt, saturating with water, or another effective method-before the person leaves the area. The county has adopted the 2022 California Fire Code (Section 9.24.010), which sets safety standards for recreational fires, including keeping them a safe distance from structures and combustibles and having a means of extinguishment on hand. Because Merced County sits in the San Joaquin Valley air basin, what you burn also matters: the San Joaquin Valley Air Pollution Control District restricts residential burning, so only clean, dry, untreated firewood should be used-never trash, leaves, or treated lumber. During high-fire-danger periods the fire department may impose additional restrictions.
Maintaining an unpermitted open fire, or leaving a fire unattended or not fully extinguished, is a misdemeanor under Merced County Code Section 9.24.360, punishable by a fine of up to $500 or up to six months in jail, with each day after notice a separate offense. A fire that escapes and causes damage can also expose the responsible person to civil liability and cost-recovery claims.
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See how Merced County's backyard fires rules stack up against other locations.
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