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Kentucky Statewide Rule

Kentucky Brush Burning Restrictions Statewide

Some RestrictionsApplies statewide across Kentucky (2026)

Key Facts

Allowed Material
Natural plant matter
Prohibited
Garbage, plastics, tires
Hazard Season Hours
6 PM to 6 AM only
Statute
KRS 149.400
Attendance Required
Yes, per regulations
Last verified: September 5, 2026Source: Commonwealth of Kentucky

Summary

Kentucky law restricts brush and natural debris burning under KRS 149.400, allowing only natural plant matter to be burned and prohibiting daytime burns near woodland during forest fire hazard seasons.

149.375 Setting fire on own land regulated. It shall be unlawful, within or adjacent to timberland, for any person to set fire to, or to procure another to set fire to, any flammable material upon land owned or leased by him unless he previously shall have taken all reasonable care and precaution, by carefully clearing around the flammable material as necessary to prevent the escape or spread of fire to lands other than those owned or leased by him. It shall also be unlawful for any employee of any such owner or lessee of land to set fire to any flammable material, upon such land unless he shall have taken similar precautions to prevent the spread of such fire to any other land. All fires shall be attended until extinguished.

Source: Commonwealth of KentuckyView official code

Full Breakdown

Under KRS 149.400 and Kentucky Division of Forestry rules, only natural plant matter such as brush, leaves, and woody debris may be openly burned in Kentucky. Burning of garbage, rubber, plastics, treated wood, and other materials is prohibited statewide. During forest fire hazard seasons, brush burning within 150 feet of woodland or dry vegetation is restricted to the hours between 6 PM and 6 AM. Property owners are responsible for ensuring fires are attended, contained, and fully extinguished. The statute applies uniformly statewide and creates a baseline that local jurisdictions may strengthen but not weaken.

Violations & Penalties

Burning prohibited materials or violating hazard-season time restrictions is a Class B misdemeanor under KRS 149.990, with potential fines and liability for damages from escaped fire.

Frequently Asked Questions

Can I burn leaves and brush from yard cleanup?
Yes, natural plant matter may be burned under KRS 149.400, but during forest fire hazard seasons only between 6 PM and 6 AM if within 150 feet of woodland.
Can I burn old construction lumber?
No. Burning treated, painted, or manufactured lumber is prohibited under Kentucky air quality and forestry rules. Only natural plant material is allowed.
Do I need a permit to burn brush?
Kentucky state law does not require a permit for natural plant matter burning, but many cities and counties require notification of the local fire department.

Sources

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