San Benito County, CA Fire Regulations: Backyard Fires (2026)

There is no San Benito County ordinance dedicated to backyard recreational fires, so the California Fire Code (CFC) applied by CAL FIRE BEU and county fire controls. A recreational fire (a fire to cook food or for warmth, not for waste disposal) is regulated by CFC Section 307.4.2, which provides that 'Recreational fires shall not be conducted within 25 feet of a structure or combustible material.' If you use a manufactured portable outdoor fireplace or chiminea, CFC Section 307.4.3 sets a 15-foot clearance, with an exception that removes that distance requirement at one- and two-family dwellings. CFC Section 307.5 requires the fire to be 'constantly attended until the fire is extinguished' and that at least one 4-A-rated portable fire extinguisher, or equivalent on-site means such as a garden hose, dirt, sand, or a water barrel, be immediately available. Crucially, a backyard fire used to dispose of leaves, branches, or trash is not a 'recreational fire' - it is open burning, which requires a MBARD-regulated burn permit, a permissive burn day, and a CAL FIRE permit (see Outdoor Burning). During the dry season CAL FIRE's San Benito-Monterey Unit routinely suspends open fire across the State Responsibility Area, and those suspensions can restrict even small recreational fires on rural parcels until conditions ease.