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Kane County, IL Fire Regulations: Brush Clearance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Burn hours
10 a.m.-3 p.m., sunny days only
Wind limit
under 10 mph
Setback
20 feet from structures/property lines
Pile size cap
216 cubic feet (6x6x6)
Health dept authority
can halt burning during ozone alert
Ceremonial fires
need fire-dept notice + health dept permit
Prairie burns
exempt if health dept & fire district notified

Summary

Kane County lets residents burn brush and landscape waste generated on their own property, but only from 10 a.m. to 3 p.m. on sunny days with wind under 10 miles per hour, at least 20 feet from any structure or property line, and in a pile no bigger than a 216-cubic-foot cube.

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

B. Open Burning: ... Any and all burning in the unincorporated areas of the county shall be in accordance with the restrictions enumerated below: a. The open burning of landscape waste shall only occur on the property upon which the landscape waste or brush was generated. The burning of any materials other than landscape waste and brush is prohibited. b. The following restrictions upon the open burning of landscape waste or brush on the property upon which it was generated shall prevail: (1) Burning is permitted only on sunny days between ten o'clock (10:00) A.M. and three o'clock (3:00) P.M. (2) Burning is not permitted when the wind is in excess of ten (10) miles per hour. (3) Burning is not permitted within twenty feet (20') of any building, structure or property line. ... (9) A burn pile may not exceed two hundred sixteen (216) cubic feet (for example, a 6 x 6 x 6 accumulation).

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-17: Code current through: Ord. 26-183, passed 4-14-2026).

Full Breakdown

Kane County Code § 15-2(B) allows open burning of landscape waste and brush only on the property where it was generated; burning anything else outdoors is prohibited. on sunny days, are barred whenever wind exceeds ten miles per hour, and can't be set within twenty feet of any building, structure or property line. A pile is capped at two hundred sixteen cubic feet, the code's own example is a stack six feet by six feet by six feet, and it can't be lit on a public or private road, alley, sidewalk or easement.

Whoever sets the fire has to supervise it until it's fully out and keep a fire extinguisher, garden hose or other water source on hand at the site. The Kane County health department can shut down burning countywide when it announces an inversion or ozone alert. Separate from that day-to-day brush burning, the chapter carves out habitat-reclamation and firefighter-training prairie burns, which are exempt from the chapter entirely as long as the person conducting the burn notifies the county health department, at 630-444-3040, and the local fire protection district or department both before and after the burn; a prairie burn permitted by the Illinois EPA is exempt outright.

Ceremonial fires using brush get their own condition: the fire department serving the area must be notified in advance and a permit obtained from the county health department, and skipping either step is itself a violation of the chapter, independent of the pile-size or timing rules. Ordinary domestic fireplaces, cooking fires and self-contained outdoor wood-burning devices are exempt from these open-burning restrictions altogether.

Violations & Fines

Burning brush outside the 10 a.m.-to-3 p.m. window, in wind over 10 mph, closer than 20 feet to a structure, or in a pile bigger than 216 cubic feet all violate § 15-2(B) on their own. Holding a ceremonial fire without first notifying the fire department and getting a Kane County health department permit is a separate violation of the same section, even if the fire itself meets every size and distance limit.

Frequently Asked Questions

What hours can I legally burn brush in unincorporated Kane County?
Only between 10:00 a.m. and 3:00 p.m. on sunny days, and only when wind is under 10 miles per hour, under Kane County Code § 15-2(B); burning outside those hours or in higher wind is a violation regardless of pile size.
How big can my brush pile be?
No larger than two hundred sixteen cubic feet, the code's own example of a 6-foot by 6-foot by 6-foot stack, and it has to sit at least twenty feet from any building, structure or property line under Kane County Code § 15-2(B).
Do I need a permit for a bonfire at a wedding or ceremony?
Yes, if it burns brush. Section 15-2(B)(2)(f) requires notifying the local fire protection district in advance and getting a permit from the Kane County health department; failing to do either is itself a violation, separate from any size or timing rule.
Is a prairie or habitat-restoration burn treated the same as a backyard brush fire?
No. Prairie burns for habitat reclamation or firefighter training are exempt from the whole chapter as long as the county health department, at 630-444-3040, and the fire protection district are notified before and after, or the burn holds an Illinois EPA permit.

Sources & Official References

Other rules in Kane County

All Kane County rules

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