Georgia Statewide Rule
Georgia Brush Burning Rules After the 2021 Permit Repeal
Key Facts
- Permit for hand-piled debris
- Not required since July 1, 2021
- Setback from Woods
- 25 feet minimum
- Setback from Structures
- 50 feet minimum
- Statute
- O.C.G.A. 12-6-90 (SB 119, 2021)
Summary
Since July 1, 2021, Georgia no longer requires a Forestry Commission permit or notification to burn hand-piled natural vegetation where it was cut, though statewide safety rules, local ordinances, and the metro Atlanta summer ban still apply.
(2) Unless otherwise provided by local ordinance, or where prohibited by general law or regulation, it shall not be necessary to obtain a permit otherwise required by subsection (a) of this Code section to burn leaf piles, yard debris, or hand-piled natural vegetation on the premises at which they occur, provided that the: (A) Burning takes place between the official sunrise and the official sunset for the location where the burning is taking place; (B) Location of the burning is no less than 25 feet from any woodlands, forestland, and/or open field that contains brush, grass, or other flammable material; (C) Location of the burning is no less than 50 feet from any structure, including outbuildings, sheds, barns, and homes; (D) Person responsible shall attend the burning at all times until completely extinguished and there is no risk for the burning to escape control; (E) Person responsible shall take necessary precautions to prevent escape or spread from the original location; and (F) Person responsible shall be liable for any resulting damage to adjacent properties.
Full Breakdown
Senate Bill 119 (2021) amended O.C.G.A. 12-6-90 to end the burn permit and notification requirement for hand-piled natural vegetation burned on the premises where it fell. Burns must stay at least 25 feet from woodlands and 50 feet from structures, occur between sunrise and sunset, and be attended until fully extinguished. Larger land-clearing, pasture, and crop residue burns still require notifying the Georgia Forestry Commission. Local ordinances may add restrictions, and EPD's May 1 through September 30 open burning ban in 54 metro Atlanta counties still applies.
Violations & Penalties
Burning in violation of O.C.G.A. 12-6-90 safety requirements is a misdemeanor under O.C.G.A. 12-6-92, and anyone whose fire escapes is liable for suppression costs and resulting damage.
Frequently Asked Questions
Do I need a Georgia burn permit for brush or leaf piles?
Can my city still restrict brush burning?
Sources
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