Bernalillo County, NM Fire Regulations: Fire Pits & Backyard Fires (2026)
Fire pit rules in Bernalillo County, NM, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.
Key Facts
- Permit-exempt size
- 6 ft x 6 ft x 6 ft pile
- Enforcing agency
- Bernalillo County Fire Marshal / Fire Code Official
- Max fine
- $300 fine, up to 90 days jail
- WUI ash setback
- 10 feet from vegetation or structures
- Governing code
- Bernalillo County Code § 34-76
Summary
Bernalillo County's Fire Code exempts recreational-fire-sized open burning of yard waste from a burn permit, but the fire code official can still stop reckless burning and Wildland-Urban Interface parcels must keep ashes in an established pit.
NON-PERMITTED OPEN BURN. The burning of organic yard waste in piles conforming to size dimensions of a recreational fire as outlined in the NMAC 20.11.21 Albuquerque-Bernalillo County Air Quality Control Board Open Burning. ... Exception: Non-Permitted Open Burning. Open burning of dried vegetation resulting from land clearing conforming to size requirements of a recreational fire, Location requirements of a Bonfire (307.4.1), and time limitations set by the Albuquerque Bernalillo County Air Quality Board of an open burning of Dead and dry weeds
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 92).
Full Breakdown
Under Sec. 34-76's amendments to the adopted 2021 International Fire Code, a recreational-sized open burn of organic yard waste in piles no larger than 6 ft by 6 ft by 6 ft is exempt from the Section 307.2 open-burning permit, provided it meets the bonfire location standards in Section 307.4.1 and the timing limits set by the joint Albuquerque-Bernalillo County Air Quality Control Board under NMAC 20.11.21. The Fire Code Official can still order any fire extinguished if it is reckless or hazardous. In Wildland-Urban Interface zones, ashes and coals may only be dumped in an established fire pit, camp stove, fireplace, or a covered noncombustible container kept 10 feet from vegetation.
Violations & Fines
Reckless burning: the Fire Code Official can order it stopped on the spot. Any Fire Code violation is a misdemeanor -- fine up to $300, up to 90 days jail, each day a separate offense.
Frequently Asked Questions
Do I need a permit for a fire pit in Bernalillo County?
Can the fire department make me put out my fire pit?
Sources & Official References
Other rules in Bernalillo County
How Bernalillo County compares: Cities with the Strictest Fire Pit Rules·Compare Bernalillo County to another location·View the New Mexico fire regulations overview
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