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Clayton County, GA Fire Regulations: Brush Clearance (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Ban period
May 1 through September 30 every year
Banned material
Yard and land-clearing debris
Counties covered
54 Georgia counties, including Clayton
Prescribed burning exemption
Not available in Clayton (19 county non-attainment area)
EPD district office
Metro Atlanta District Office, 404-362-2671
Household garbage
Burning banned year-round statewide
GFC permit needed
Burn activities 2, 3, 4, 8, 9, 11 and 13

Summary

Clayton County is one of 54 Georgia counties under the state Summer Open Burn Ban, which runs from May 1 to September 30 each year. Georgia EPD prohibits citizens and businesses from burning yard and land-clearing debris during those five months, and the forestry prescribed burning exemption does not apply in Clayton.

These county ordinances apply to unincorporated areas of Clayton County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

The Summer Open Burn Ban runs from May 1 - September 30 and includes 54 counties in Georgia. ... The Open Burning Ban prohibits citizens and businesses from burning yard and land-clearing debris. This rule is in addition to the year-round state ban on the burning of household garbage. ... Metro Atlanta District Office 404-362-2671 Counties included: Carroll, Clayton, Coweta, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Heard, Henry, Rockdale, Spalding. ... Don't burn anything from May 1 - September 30. Some exceptions include: Agricultural burning exemption Forestry "prescribed burning" exemption* Campfires or barbeques Fire-fighting training exemption, provided appropriate permit is issued Operation of open flame equipment exemption Explosive disposal in accordance with U.S. Department of Labor Safety Regulations ... *Not exempted in the 19 county metro Atlanta non-attainment area: Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Spalding, Rockdale and Walton. Failure to adhere to the burn ban during May - September may result in fines.

Full Breakdown

Georgia's Environmental Protection Division runs the Summer Open Burn Ban under Ga. Comp. R. & Regs. 391-3-1-.02(5), and EPD's own Summer Open Burning Ban page is the source for this summary. The ban runs from May 1 through September 30. In that window the rule prohibits citizens and businesses from burning yard and land-clearing debris, and the page's instruction is blunt: don't burn anything from May 1 to September 30.

EPD's stated reason is air quality. In Atlanta, during the summer months, the ozone in the air reaches unhealthy levels. Ozone forms when volatile organic compounds and nitrogen oxides react in sunlight, and EPD has identified open burning as a significant contributor of those pollutants. Clayton sits in the Metro Atlanta District Office group of 12 counties: Carroll, Clayton, Coweta, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Heard, Henry, Rockdale and Spalding. That district office answers at 404-362-2671.

The page lists these exceptions: agricultural burning, forestry prescribed burning, campfires or barbeques, fire-fighting training where the appropriate permit is issued, operation of open flame equipment, and explosive disposal under U.S. Department of Labor safety regulations. Prescribed burning carries an asterisk. It is not exempted in the 19 county metro Atlanta non-attainment area, and Clayton is on that list of 19 counties, so the forestry exemption does not apply to burning in Clayton during the ban.

The summer ban is in addition to the year-round state ban on the burning of household garbage, so garbage cannot be burned in Clayton in any month. Separately, EPD's page says outdoor burning in Georgia requires a permit from the Georgia Forestry Commission for burn activities 2, 3, 4, 8, 9, 11 and 13, while GFC permits are not required for burn activities 1, 5, 6, 7, 10 and 12. The local GFC office explains the activity categories. EPD issued a press release on the 2026 season dated April 29, 2026.

Violations & Fines

EPD's page states that failure to adhere to the burn ban during May through September can bring fines, but it publishes no dollar amount, so the exact penalty is not stated there. The violation is burning yard or land-clearing debris in Clayton County between May 1 and September 30. The household garbage burning ban applies all year. Enforcement questions go to the Metro Atlanta District Office at 404-362-2671.

Frequently Asked Questions

Can I burn brush or yard debris in Clayton County in July?
No. Clayton is one of the 54 counties under Georgia's Summer Open Burn Ban, which runs from May 1 to September 30. During that period the rule prohibits citizens and businesses from burning yard and land-clearing debris. EPD's page tells residents not to burn anything in those months.
Does the forestry prescribed burning exemption apply in Clayton?
No. The exemption list includes forestry prescribed burning, but an asterisk says it is not exempted in the 19 county metro Atlanta non-attainment area. Clayton is named on that list alongside Cobb, DeKalb, Fulton, Gwinnett, Henry and the other metro counties, so the exemption gives Clayton burners no cover.
Can I still use a campfire or barbeque during the ban?
Yes. EPD's list of exceptions includes campfires or barbeques. The ban targets the burning of yard and land-clearing debris, not cooking fires or recreational fires. The same list exempts agricultural burning, open flame equipment operation, fire-fighting training with the appropriate permit, and explosive disposal under U.S. Department of Labor rules.
Is burning household garbage ever allowed?
No. EPD states that the summer ban is in addition to the year-round state ban on the burning of household garbage. That means garbage burning is prohibited in Clayton County in every month, while the yard and land-clearing debris ban applies from May 1 through September 30.
Who do I contact with questions about the burn ban?
For the summer ban, call the EPD Metro Atlanta District Office at 404-362-2671, which covers Clayton. For outdoor burning permits, contact your local Georgia Forestry Commission office. The GFC requires permits for burn activities 2, 3, 4, 8, 9, 11 and 13, and not for activities 1, 5, 6, 7, 10 and 12.

Sources & Official References

Other rules in Clayton County

All Clayton County rules

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