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Whatcom County, WA 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 Whatcom County, WA, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.

Key Facts

Permit threshold
No permit if fuel area ≤3 ft diameter, 2 ft high
Larger fires
Require an NWCAA outdoor-burning permit
Setback
Fires must stay 50 feet from any structure
Attendance
Someone must attend fire until fully extinguished
Consent
Landowner permission required before igniting any fire
Enforcing agency
Northwest Clean Air Agency, not the county alone
Appeal path
Appeals go to the Pollution Control Hearings Board

Summary

Unincorporated Whatcom County treats a backyard fire pit as a recreational fire under NWCAA Regulation 502: no permit is needed if the fuel area stays at or under 3 feet in diameter and 2 feet high, but every fire must sit 50 feet from structures, have the landowner's permission, and stay attended until fully extinguished. Larger fires, or any fire during a declared burn ban, require a Northwest Clean Air Agency permit.

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

RECREATIONAL FIRE - Cooking fires, campfires, and bonfires using charcoal or firewood that occur in designated areas or on private property for cooking, pleasure, or ceremonial purposes. Fires used for debris disposal purposes are not considered recreational fires. ... (E) UNLAWFUL OUTDOOR BURNING/NUISANCE. It is unlawful for any person to cause or allow outdoor burning that causes an emission of smoke or any other air contaminant that is detrimental to the health, safety, or welfare of any person, that causes damage to property or business, or that causes a nuisance. (G) OTHER GENERAL REQUIREMENTS. (1) A person capable of extinguishing the fire must attend it at all times and the fire must be extinguished before leaving it. (2) No fires are to be within 50 feet of structures. (3) Permission from a landowner or owner's designated representative must be obtained before starting an outdoor fire. ... 502.5(B)(9) Recreational fires with a total fuel area greater than three feet in diameter and/or two feet in height (except in the nonurban areas of counties with an unincorporated population of less than 50,000) require a permit.

Source: Revised Code of WashingtonView official code

Full Breakdown

Whatcom County does not write its own recreational-fire ordinance for the unincorporated area (Birch Bay, Point Roberts, the rural county, and the unincorporated fringe around Bellingham, Ferndale and Lynden); that job belongs to the Northwest Clean Air Agency (NWCAA), the air-quality authority whose Regulation 502 governs all outdoor burning countywide. 3 defines a recreational fire as a cooking fire, campfire, or bonfire of charcoal or firewood built in a designated area or on private property for cooking, pleasure, or ceremonial use; a fire built to dispose of debris is not recreational and falls under the stricter land-clearing and residential-burning rules instead.

5(B)(9), a recreational fire with a fuel area at or under 3 feet in diameter and 2 feet high needs no permit; anything larger does, unless the property sits in a nonurban area of a county whose unincorporated population is below 50,000. 4(G): someone capable of putting it out has to attend it the whole time and extinguish it before walking away, it must stay at least 50 feet from any structure, and the person burning needs the landowner's permission first. 4(E) makes it unlawful to let a fire's smoke become a nuisance, harm health or safety, or damage neighboring property or business, regardless of size or permit status. A fire protection agency, county, or conservation district can enforce its own stricter controls on top of these baseline rules.

Violations & Fines

NWCAA enforces Section 502 as a civil matter: a violator can be denied further outdoor-burning permits until any outstanding penalty is paid, and appeals go to the Washington Pollution Control Hearings Board or another judicial body. An unattended or oversized unpermitted fire, one built without the landowner's consent, or one whose smoke creates a nuisance is a violation regardless of a declared burn ban. Fires that spread or continue after notice can also draw a local fire district enforcement action.

Frequently Asked Questions

Can I have a fire pit without a permit in unincorporated Whatcom County?
Yes. NWCAA Regulation 502.5(B)(9) exempts a recreational fire, a cooking fire, campfire, or bonfire of charcoal or firewood, from the outdoor-burning permit requirement as long as the total fuel area is 3 feet in diameter and 2 feet high or smaller. You still must follow the general rules: keep the fire 50 feet from structures, get the landowner's permission, and have someone attend it until it's fully out.
How close to my house can I build a fire pit?
NWCAA Regulation 502.4(G)(2) requires every outdoor fire, including a recreational one, to stay at least 50 feet from any structure. This applies whether or not the fire needs a permit, and it is measured regardless of the fire's size, so a small backyard pit still has to clear that distance from the house, garage, or any other building.
Do I need the landowner's permission to burn on someone else's property?
Yes. NWCAA Regulation 502.4(G)(3) requires permission from the landowner or the owner's designated representative before anyone starts an outdoor fire, recreational or otherwise. Combined with the attendance and 50-foot setback rules, this means a renter or guest cannot legally light a fire pit on a property without the owner's sign-off, even for a small charcoal fire.
What happens if my fire pit becomes a nuisance to neighbors?
NWCAA Regulation 502.4(E) makes it unlawful for any outdoor fire, including a recreational one, to emit smoke that is detrimental to health or safety, damages property or business, or otherwise creates a nuisance. NWCAA can order the fire extinguished and pursue civil enforcement; a person with an unpaid penalty can also be denied future outdoor-burning permits until it's resolved.
Can I still have a fire pit during a burn ban?
No. NWCAA Regulation 502.4(D) requires anyone burning to check daily conditions with the permitting agency, and no outdoor fire, including a recreational fire, may be ignited once an air pollution episode, impaired air quality condition, or fire danger burn ban is declared for the area; an existing fire must be extinguished.

Sources & Official References

Other rules in Whatcom County

All Whatcom County rules

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

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