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McHenry County, IL Fire Regulations: Fire Pits & Backyard Fires (2026)

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

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

Key Facts

Recreational fire size cap
3 ft x 3 ft x 3 ft
Supervision required
Adult 18 or older present
Permit needed?
No, if within size limit
Bonfire/ceremonial fire
Needs Health Dept. permit, 2-day notice
Fine range
$100 to $1,000 per offense
Enforcing agency
McHenry County Department of Health

Summary

A backyard fire pit in unincorporated McHenry County qualifies as a 'recreational fire' under the county's Open Burning Ordinance if it stays no larger than three feet by three feet by three feet. That size keeps it exempt from the landscape-waste burn-day, wind, and setback rules, but it still must be watched by someone at least 18 years old the whole time it burns.

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

“Recreational Fire” means a temporary outdoor fire for warmth, cooking for human consumption, or for non-ceremonial purposes where the fire is not larger than three feet by three feet by three feet (3'x3'x3') and excludes leaves, grass or shrubbery clippings or cuttings. ... Subsections B.2.a. and B.2.b.; B.3.c.1-3.; and B.4.b. shall not apply to the burning of brush for purposes of cooking, heating or recreational fires in domestic fireplaces or self-contained outdoor wood- burning devices. ... Any ceremonial fire (bonfire) or recreational fire must be supervised by an individual at least 18 years of age or older.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-5: Supplement contains: Local legislation current through Ord. A25-0037, passed 8-19-2025 | State legislation current through ALS 2025 Pamphlet No. 1).

Full Breakdown

The McHenry County Department of Health's Open Burning Ordinance, Section 8.04.090, and its definitions in Section 8.04.060, set the rules a backyard fire has to meet. A 'Recreational Fire' is defined as a temporary outdoor fire for warmth, cooking for human consumption, or for non-ceremonial purposes where the fire is not larger than three feet by three feet by three feet, and it excludes leaves, grass or shrubbery clippings or cuttings. Anything bigger, or any fire held as part of a scheduled public or private event, is instead a 'Ceremonial Fire (bonfire)' and is regulated differently.

Because a recreational fire falls within that 3-by-3-by-3 size limit, Section 8.04.090(B)(1)(c) exempts it from the prohibitions, weekend-and-daylight burn windows, and wind-speed restriction that otherwise govern open burning of landscape waste in the county, meaning a recreational fire is not confined to weekends between dawn and dusk in October, November, April and May the way a brush pile burn is. The one condition that still applies: Section 8.04.090(B)(4)(e) requires any ceremonial fire or recreational fire to be supervised by an individual at least 18 years of age or older until it is out. The county's adopted International Fire Code amendment, Section 307.1, layers on a second requirement: recreational fires must also comply with the fire prevention district having jurisdiction, so a local fire protection district can impose its own additional conditions, such as requiring the pit be a set distance from a property line or structure.

Violations & Fines

McHenry County Department of Health is the lead enforcement agency for the Open Burning Ordinance, with law enforcement, the fire department, or the fire protection district also authorized to enforce it. A violation, an unsupervised fire, one exceeding the 3x3x3 size limit and thus treated as an unpermitted bonfire, or burning prohibited material, is a misdemeanor punishable by $100 to $1,000 per offense under Section 8.04.050, with each day of violation counted separately.

Frequently Asked Questions

Do I need a permit for a backyard fire pit in unincorporated McHenry County?
No, as long as it qualifies as a 'recreational fire': no larger than three feet by three feet by three feet, for warmth or cooking, and not a scheduled event. That size is exempt from the Open Burning Ordinance's permit and burn-day restrictions under Section 8.04.090, though an adult must still supervise it.
What size fire pit crosses the line into needing a permit?
Anything larger than three feet by three feet by three feet stops qualifying as a 'recreational fire' under Section 8.04.060 and becomes a 'ceremonial fire (bonfire)' instead, which needs a McHenry County Department of Health permit and at least two business days' advance notice to the local fire protection district.
Can I have a fire pit going with nobody watching it?
No. Section 8.04.090(B)(4)(e) requires any ceremonial fire or recreational fire in unincorporated McHenry County to be supervised by someone at least 18 years old for as long as it burns, regardless of the fire's size, location, or purpose on the property.
Does my local fire department have any say over my fire pit?
Yes. The adopted International Fire Code amendment at Section 307.1 requires recreational fires to comply with the fire prevention district having jurisdiction, so your local district can layer on its own conditions, such as a minimum distance from structures or a burn ban during dry weather.

Sources & Official References

Other rules in McHenry County

All McHenry County rules

How McHenry County compares: Cities with the Strictest Fire Pit Rules·Compare McHenry County to another location·View the Illinois fire regulations overview

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