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Austin, TX Fire Regulations: Fire Pits & Backyard Fires (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Fire pit rules in Austin, TX, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.

Key Facts

Recreational fire permit
Exempt under Fire Code Sec. 105.5.36
Cooking/warming fire permit
Exempt under Fire Code Sec. 307.2
Permitted-fire setback
50 feet from structure, or 15 feet contained
Governing chapter
City Code Sec. 25-12-173, Fire Code
Enforcement
Austin Fire Department fire code official

Summary

Austin's Fire Code requires an operational permit to kindle almost any open fire in the city, but it carves out two exceptions that cover a typical backyard fire pit: Section 105.5.36 exempts recreational fires outright, and Section 307.2 exempts a legitimate cooking fire or legitimate warming fire, letting most residential fire pits and chimineas operate without an Austin Fire Department permit.

105.5.36 Open burning. An operational permit is required to kindle or maintain an open fire or a fire on a public street, alley, road or other public or private ground. ... Exception: Recreational fires. ... 307.2 Permit required. A permit shall be obtained from the fire department emergency prevention division in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, a warming fire, a rubbish fire, or a bonfire. ... Exception: A permit is not required for legitimate cooking fires or legitimate warming fires as defined in this chapter.

Source: Austin City Code Chapter 25-12 (Building and Fire Safety)View official code

Full Breakdown

36 (Open Burning) of the local Fire Code amendments, City Code Sec. 4 sets the general placement standard: not less than 50 feet from any structure, reduced to 15 feet for a fire kept in an approved container. Because a standard backyard fire pit, chiminea or contained patio fire typically qualifies as a recreational or legitimate cooking fire, it falls outside the permit-and-setback system built around bonfires, rubbish burns and agricultural fires, though it remains subject to the Fire Code's general prohibition on creating a fire hazard.

Violations & Fines

An unpermitted open fire that doesn't qualify as a recreational, legitimate cooking or legitimate warming fire is chargeable as a Fire Code misdemeanor under Sec. 25-1-462, prosecuted in Municipal Court. Austin Fire's fire code official may also act civilly or administratively under Sec. 113.3.3.2, including ordering the fire extinguished and pursuing attorney's fees; citations for creating a fire hazard can issue even for an exempt recreational or cooking fire that endangers a structure.

Frequently Asked Questions

Do I need a permit for a backyard fire pit in Austin?
No. Section 105.5.36 of the Fire Code requires an operational permit for open fires generally, but expressly exempts recreational fires. A typical contained backyard fire pit used for warmth or ambiance falls into that exception and does not need an Austin Fire Department burn permit.
Is grilling or using a smoker considered an open fire that needs a permit?
No. Section 307.2 exempts a legitimate cooking fire, defined as a fire kept within an appliance or structure built for cooking meals, from the permit required for bonfires and rubbish fires. The code specifically says incidental cooking with an open recreational fire doesn't count as a legitimate cooking fire, so the exemption is really about grills and smokers, not roasting marshmallows over a bonfire.
How far from my house does an open fire that needs a permit have to be?
Section 307.4 sets a 50-foot setback from any structure for permitted open fires such as bonfires and rubbish burns, cut to 15 feet if the fire is kept in an approved container. That standard applies to fires authorized under a Section 307.2 permit, not to exempt recreational or cooking fires, which the code doesn't separately size or set back.

Sources & Official References

Other rules in Austin

Noise Ordinances: Quiet HoursSome RestrictionsParking Rules: RV & Boat ParkingSome RestrictionsOutdoor BurningSignificant RestrictionsPropane StorageSome RestrictionsFireworksHeavy RestrictionsWildfire ZonesSignificant RestrictionsSmoke DetectorsLight RestrictionsNoise Ordinances: Vehicle NoiseSome RestrictionsParking Rules: EV ChargingSome RestrictionsParking Rules: Driveway RulesSome RestrictionsFence Regulations: Neighbor Fence RulesSome Restrictions

All Austin rules

How Austin compares: Cities with the Strictest Fire Pit Rules·Texas rules heatmap·Compare Austin to another location·View the Texas fire regulations overview

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