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

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

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

Key Facts

Governing section
MGO § 34.307(6)
License required for a pit/fireplace
None, if conditions are met
Minimum setback
15 ft from building or lot line
Fuel allowed
Clean, dry wood only (or propane)
Air quality condition
Banned when DNR rates air non-good/moderate
General fire code penalty
$10-$1,000 per day forfeiture

Summary

Madison allows outdoor fireplaces and fire pits without a license under MGO § 34.307(6), but only if they sit at least 15 feet from any building or lot line, on a stable non-combustible surface, screened against sparks, burning only clean dry wood, and watched by a responsible adult until fully extinguished.

(6)IFC section 307.4.3 shall be replaced with the following language: outdoor fireplaces and pits are bowls or pits designed for the holding or burning of wood and shall be allowed without a license, as long as the following conditions are met: (a)Fireplaces shall include a bowl with supports to ensure clearances to combustibles;(b)Fire pits and fireplaces shall have an enclosure, heavy screen or spark arrestor to control and contain embers and sparks;(c)Fireplaces or pits shall not be used within fifteen (15) feet of a building or lot line;(d)Fireplaces or pits shall be used on a stable level surface;(e)Fireplaces or pits shall not be used on any combustible deck, porch or patio;(f)Only clean, dry wood is permitted to be burned in fireplaces or pits. No trash, yard waste or construction material shall be burned;...(k)Fireplaces or pits shall not be operated when air quality is other than good or moderate as defined by the Wisconsin Department of Natural Resources (DNR).

Source: MGO Chapter 10 - Fire PreventionView official code

Full Breakdown

Sec. 3 with Madison's own rule for outdoor fireplaces and pits: bowls or pits designed to hold or burn wood. No burning license is required if every listed condition is met: the fireplace has a bowl with supports for clearance from combustibles; the pit or fireplace has an enclosure, heavy screen or spark arrestor; it is not used within 15 feet of a building or lot line; it sits on a stable level surface and never on a combustible deck, porch or patio; only clean, dry wood is burned (no trash, yard waste or construction material); a propane unit burns only propane; smoke from the device does not create a nuisance; a fire extinguisher, garden hose or other fire-control method is kept on hand; a responsible adult supervises at all times and the fire is fully extinguished before it is left unattended; and manufactured units follow the manufacturer's assembly, safety and operating instructions.

The same subsection layers on a citywide air-quality trigger shared with the rest of Sec. 307: fireplaces and pits cannot be operated when the Wisconsin DNR rates air quality as anything other than good or moderate. This fire-pit allowance sits inside the broader Sec. 307 Open Burning ordinance, which otherwise requires a license from the Fire Chief for burning generally and bans burning rubbish, leaves and construction waste outright.

Violations & Fines

Operating a fire pit or outdoor fireplace that skips the required 15-foot setback, lacks a spark screen, burns trash or yard waste, or is left unsupervised falls outside the § 34.307(6) exemption and is treated as unlicensed open burning under Sec. 34.307(2). Chapter 34's general penalty at Sec. 34.01(15)(a) sets a forfeiture of $10 to $1,000 for violations of the fire code, with every day of continued noncompliance counted as a separate offense.

Frequently Asked Questions

Do I need a permit for a backyard fire pit in Madison?
No. MGO § 34.307(6) allows outdoor fireplaces and fire pits without a license as long as they meet the setback, screening, fuel and supervision conditions listed in that subsection; a license is only required for open burning outside those conditions.
How far from my house or the property line can I put a fire pit?
At least 15 feet from any building or lot line, per MGO § 34.307(6)(c). The pit must also sit on a stable, level, non-combustible surface and never directly on a wood deck, porch or patio.
Can I burn yard waste in my fire pit?
No. Sec. 34.307(6)(f) limits fuel to clean, dry wood (or propane in a propane unit) and expressly bans burning trash, yard waste or construction material in a fire pit or fireplace.
Can I leave a fire pit burning unattended overnight?
No. A responsible adult must supervise the fireplace or pit at all times under § 34.307(6)(j), and the fire must be completely extinguished before it is left unsupervised.

Sources & Official References

Other rules in Madison

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How Madison compares: Cities with the Strictest Fire Pit Rules·Compare Madison to another location·View the Wisconsin fire regulations overview

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