Madison, WI Fire Regulations: Fire Pits & Backyard Fires (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).
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?
How far from my house or the property line can I put a fire pit?
Can I burn yard waste in my fire pit?
Can I leave a fire pit burning unattended overnight?
Sources & Official References
Other rules in Madison
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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Fire Pits & Backyard Fires in Nearby Cities
How other cities in Dane County handle fire pits & backyard fires.