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De Pere, WI Fire Regulations: Fire Pits & Backyard Fires (2026)

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

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

Key Facts

Setback from structures
At least 15 feet from any building
Fire pit size
Max 2-foot diameter, 2 feet tall
Attendant required
Adult 18 or older at all times
Allowed fuel
Naturally occurring, unprocessed wood only
Renter requirement
Written permission from the property owner
Who can have one
Single-family and two-family residences only

Summary

De Pere exempts backyard campfires and fire pits at single-family and two-family homes from its open burning ban under City Code § 58-9(b), so long as the fire sits at least 15 feet from any building and stays within a two-foot diameter. An adult 18 or older must attend the fire at all times, and only unprocessed wood may be burned.

(b)Recreational fires. A campfire or cooking fire located at a single-family or two-family private residence, started and tended in compliance with the following requirements, is exempt from prohibition:(1)No recreational fire shall be closer than 15 feet from any building, structure, shed, garage or any other combustible material.(2)All recreational fires shall not have a diameter larger than two feet, and the fire may not extend more than two feet above the pit. The fire pit shall be surrounded on the outside by a noncombustible material such as concrete block or rock. ... (7)All recreational fires shall be attended at all times by at least one responsible person of age 18 or older from the ignition of the fire until the fire is completely extinguished.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 9).

Full Breakdown

Section 58-9 of the De Pere Code of Ordinances prohibits open burning citywide, but subsection (b) carves out an exemption for recreational fires: a campfire or cooking fire at a single-family or two-family private residence that meets ten specific conditions. The fire pit must sit at least 15 feet from any building, structure, shed, garage, or other combustible material, and the fire itself cannot exceed a two-foot diameter or extend more than two feet above the pit. The pit must be ringed on the outside with noncombustible material such as concrete block or rock, and any portable fire pit has to be used according to the manufacturer's instructions on a noncombustible surface.

Only naturally occurring, unprocessed wood is allowed as fuel: rubbish, garbage, recyclables, trash, rubber, plastic, leather, petroleum-based material, leaves and yard waste are all off-limits. The fire can't be lit, or must be put out, whenever wind will carry smoke or embers toward a building, and it must be extinguished immediately if a neighbor complains about nuisance smoke. A responsible adult of at least 18 must attend the fire from ignition until it is completely out, and fire suppression equipment must be on hand. Renters need the property owner's written permission before starting a recreational fire, and whoever starts one is on the hook for any fire department service call caused by a fire that breaks these rules.

Violations & Fines

Recreational fires that violate any of the ten conditions in section 58-9(b), such as burning trash, leaving a fire unattended, or ignoring a neighbor's nuisance-smoke complaint, fall back under the general open-burning prohibition and the chapter 58 penalty at section 58-10, which ties enforcement to the citywide penalties provision in section 1-11. The person who started or maintained a noncompliant fire is also billed directly for any fire department response the fire triggers.

Frequently Asked Questions

How close to my house can I put a fire pit in De Pere?
City Code § 58-9(b) requires a recreational fire to stay at least 15 feet from any building, structure, shed, garage, or other combustible material. The fire pit also has to be ringed with noncombustible material like concrete block or rock and can't be more than two feet across.
Can I burn yard waste or trash in my backyard fire pit?
No. Section 58-9(b) limits recreational fires to naturally occurring, unprocessed wood. Rubbish, garbage, recyclables, leaves, yard waste, and anything coated in rubber, plastic, leather or petroleum products are all prohibited fuel, and burning them voids the exemption from the citywide open-burning ban.
Does someone have to watch a recreational fire the whole time it's burning?
Yes. Section 58-9(b)(7) requires at least one responsible person 18 or older to attend the fire continuously, from the moment it's lit until it is completely extinguished, with fire suppression equipment ready nearby in case it spreads.

Sources & Official References

Other rules in De Pere

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