Cass County, ND Fire Regulations: Fire Pits & Backyard Fires (2026)
Fire pit rules in Cass County, ND, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.
Key Facts
- Container fires
- 15+ ft from any structure
- Ceremonial fires
- 3 ft diameter max
- Ceremonial fires
- 2 ft height max
- Governing law
- Ordinance #2005-3 (§38.15)
Summary
Cass County exempts small container and ceremonial fires from its open burning restriction: containers must sit at least 15 feet from any structure, and ceremonial fires can't exceed 3 feet across or 2 feet high, under Ordinance #2005-3.
An "open fire" means those types of permissible burning specifically authorized under Subsection 1 of Section 33-15-04-02 of the North Dakota Administrative Code; except for (1) fires in open containers not less than 15 feet from a structure and (2) ceremonial fires with a total fuel area of 3 feet or less in diameter and 2 feet or less in height. CASS COUNTY 38.15 COMMISSION POLICY MANUAL
SUBJECT: ORDINANCE #2005-3 AMENDED (OPEN BURNING RESTRICTION)
ADOPTED DATE: JUNE 15, 2023 PAGE 2 OF 4
Full Breakdown
Cass County's countywide open burning restriction (Ordinance #2005-3, amended) defines an 'open fire' as burning authorized under state administrative code, but carves out two standing exemptions residents can rely on: fires kept in open containers no closer than 15 feet to any structure, and ceremonial fires, small firepits or bonfires, capped at a total fuel area of 3 feet or less in diameter and 2 feet or less in height. Anything larger or closer to a building falls outside the exemption and is treated as regulated open burning, subject to the county's restriction authority under Section 38.15.
Violations & Fines
Fires exceeding the 15-foot container clearance or the 3-foot/2-foot ceremonial-fire limits lose their exempt status and become subject to any declared open burning restriction; willfully burning during a restriction is a Class B misdemeanor.
Frequently Asked Questions
Can I have a campfire in my backyard in Cass County?
What size fire pit or bonfire is allowed?
Sources & Official References
Other rules in Cass County
How Cass County compares: Cities with the Strictest Fire Pit Rules·Compare Cass County to another location·View the North Dakota fire regulations overview
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