Martin County, FL Fire Regulations: Fire Pits & Backyard Fires (2026)
Fire pit rules in Martin County, FL, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.
Key Facts
- Governing law
- Code of Ordinances §§ 79.61-79.66
- Permit required
- yes, for any fire outside a structure
- Setback
- 50 ft from structure (15 ft in waste burner)
- Size limit
- under 8 ft by 8 ft
- Permit hours
- 9:00 a.m. to 5:00 p.m.
- Attendance
- adult must constantly attend with water/extinguisher
Summary
Martin County requires a County burning permit before anyone starts or maintains a fire outside a structure, including a backyard fire pit, on unincorporated land. A permitted residential fire must sit at least 50 feet from any structure, or 15 feet if contained in a waste burner, and stay smaller than 8 feet by 8 feet.
It shall be unlawful for any person, firm, corporation or association to start or maintain any fire outside of any structure or authorize any such fire to be started or maintained on any land in the unincorporated area of Martin County without first obtaining a Martin County burning permit, except where allowed under agreement with other authorized permitting agencies. The permit must be issued in writing from the fire station in which district the fire is to occur. The permit will be valid between 9:00 a.m. and 5:00 p.m. ... 79.63.A. The fire shall be located 50 feet from any structure and adequate provision shall be made to prevent the fire from spreading, or the fire is contained in a waste burner located in a safe position at least 15 feet from any structure, the fire shall be less than eight feet by eight feet in area;
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 62 | Land Development Regulations: Supplement 62).
Full Breakdown
Article 3 of Chapter 79 (Fire Prevention and Protection), the 'Martin County Burning Permit' article, regulates open burning countywide. Sec. 61 states the article's intent is to regulate open burning in the unincorporated area, and Sec. unless the Fire Rescue Chief extends it. Sec. 63 sets the conditions for issuance: the fire has to sit at least 50 feet from any structure with adequate provision to keep it from spreading, or be contained in a waste burner positioned at least 15 feet from any structure and no larger than 8 feet by 8 feet; an adult must constantly attend the fire with a garden hose or other extinguishing equipment ready; and the fire cannot create a hazard or nuisance from sparks, ash, smoke or odor.
Sec. 65 lets the Fire Rescue Chief restrict or suspend all permitted fires countywide when weather conditions make them hazardous, a restriction that overrides any permit already issued. Sec. B carves out an exception for noncommercial food-preparation fires, covered separately under Martin County's smoker and outdoor-cooking rules.
Violations & Fines
Starting or maintaining an open fire, including a fire pit, without the required Sec. 79.62 permit, or ignoring a burning restriction under Sec. 79.65, is enforceable by Martin County Fire Rescue. Sec. 79.64 makes anyone who lets a nonstructure fire become a major hazard requiring extinguishment by a Fire Rescue unit liable to the County for every cost of putting it out, billed on a fee schedule the Board of County Commissioners sets by resolution; a permit denial or a burning restriction can be appealed to the County Administrator under Sec. 79.66.
Frequently Asked Questions
Do I need a permit to have a fire pit in my backyard in Martin County?
How far from my house does an open fire have to be?
Can Martin County shut down fire pit permits during dry, windy weather?
Sources & Official References
Other rules in Martin County
How Martin County compares: Cities with the Strictest Fire Pit Rules·Florida rules heatmap·Compare Martin County to another location·View the Florida fire regulations overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.