Fremont Burn Bans Rules (2026): What You Need to Know
Heavy RestrictionsKey Facts
- Air district jurisdiction
- Bay Area Air Quality Management District (BAAQMD)
- Open burning
- Prohibited year-round (trash, yard waste, leaves, debris)
- Winter Spare the Air season
- November 1 through end of February
- Wood burning on Spare the Air days
- Prohibited in all indoor and outdoor devices
- Gas appliances
- Exempt from Spare the Air restrictions
- Check burn status
- baaqmd.gov or call 1-877-4NO-BURN (1-877-466-2876)
The Short Version
The City of Fremont is within the Bay Area Air Quality Management District (BAAQMD) jurisdiction and is subject to strict open burning prohibitions and mandatory Winter Spare the Air restrictions. BAAQMD Regulation 6, Rule 3 prohibits burning wood, pellets, or other solid fuels in fireplaces, wood stoves, fire pits, and chimineas on declared Winter Spare the Air days. Open burning of trash, yard waste, leaves, and debris is prohibited year-round in Fremont under both the California Fire Code and BAAQMD regulations. With a population of approximately 231,000, Fremont is one of the largest cities subject to BAAQMD burn-day enforcement in the East Bay.
Full Breakdown
The City of Fremont is located within the Bay Area Air Quality Management District (BAAQMD) and is subject to comprehensive open burning prohibitions and mandatory Winter Spare the Air restrictions under BAAQMD Regulation 6, Rule 3.
BAAQMD Regulation 6, Rule 3 governs wood-burning devices throughout the nine-county Bay Area, including Alameda County and Fremont. During the winter burning season (typically November 1 through the end of February), the BAAQMD may declare mandatory Winter Spare the Air days when weather conditions are expected to cause fine particulate matter (PM2.5) to reach unhealthy levels. On these days, burning wood, manufactured fire logs, pellets, or any other solid fuel in any indoor or outdoor device is prohibited. This includes:
- Indoor fireplaces and fireplace inserts - Free-standing wood stoves - Outdoor fire pits and chimineas using wood or solid fuel - Pellet stoves - Any other wood-burning device
Exemptions under Rule 3 include: gas-fueled fireplaces and fire pits (natural gas or propane), EPA-certified wood-burning devices that are the sole source of heat in a residence with no other heating system, and cooking devices (wood-fired pizza ovens, BBQ grills) used for food preparation.
Open burning of trash, yard waste, leaves, construction debris, and other materials is prohibited year-round in Fremont under both the California Fire Code (as adopted in the Fremont Municipal Code) and BAAQMD Regulation 5 (Open Burning). There are no residential burn permits available. Agricultural burning requires a BAAQMD permit and is extremely limited within Fremont city limits due to the urban environment.
Winter Spare the Air day declarations are made by BAAQMD staff based on weather forecasts and PM2.5 projections. Alerts are issued by 9:00 AM on the morning of the Spare the Air day (or the evening before when possible). Residents can check current status at baaqmd.gov, call 1-877-4NO-BURN (1-877-466-2876), or sign up for email and text alerts.
The Fremont Fire Department enforces local fire code provisions related to open burning. BAAQMD inspectors and compliance staff enforce air quality regulations, including Spare the Air restrictions, through inspections, complaint response, and mutual aid with local fire agencies.
What Happens If You Violate This?
Violations of BAAQMD Regulation 6, Rule 3 (Winter Spare the Air) carry fines starting at $100 for a first offense. Second violations within the same winter season may result in fines up to $500. Third and subsequent violations can result in fines up to $1,000 or more through BAAQMD administrative proceedings. The BAAQMD may also refer chronic violators to its Hearing Board for additional penalties. Violations of the year-round open burning prohibition under the California Fire Code carry separate penalties. The Fremont Fire Department may issue administrative citations with fines starting at $100 for the first offense, escalating to $500 for repeat violations. Burning that creates a fire hazard or endangers neighboring properties may result in criminal charges under California Penal Code Section 452 (reckless burning) or Health and Safety Code provisions. Both BAAQMD and Fremont Fire Department respond to complaints. BAAQMD can be reached at 1-800-334-6367 for air quality violations. Fremont Fire Department non-emergency dispatch is (510) 790-6800. For active fires, call 911.
Frequently Asked Questions
Can I burn yard waste or trash in my Fremont backyard?
How do I know if today is a Spare the Air day in Fremont?
Can I use my gas fireplace on a Spare the Air day in Fremont?
Is my pellet stove exempt from Spare the Air restrictions?
Sources & Official References
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See how Fremont's burn bans rules stack up against other locations.