Memphis, TN Fire Regulations: Fire Pits & Backyard Fires (2026)
Fire pit rules in Memphis, TN, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.
Key Facts
- Governing section
- Memphis Code § 9-12-4(B)(1)
- Permit needed
- None, if conditions met
- Condition 1
- Fire department approval
- Condition 2
- No public nuisance created
- Covers
- Barbecues and outdoor fireplaces
- Enforcer
- Health officer / Memphis-Shelby Co. Health Dept.
Summary
Memphis Code § 9-12-4(B)(1) lets residents burn for cooking, ceremonial, recreational or comfort-heating purposes, including barbecues and outdoor fireplaces, without a permit, as long as the fire department approves and it creates no public nuisance.
B. Open burning as listed below may be conducted without permit subject to fire department approval and provided further that no public nuisance is or will be created by the open burning: 1. Fires used for the cooking of food or for ceremonial, recreational or comfort-heating purposes including barbecues and outdoor fireplaces. This exception does not include commercial food preparation facilities and their operation;
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 32 | Charter: Supplement 4).
Full Breakdown
Section 9-12-4, in the Air Pollution Control chapter, opens with a general open-burning prohibition in subsection A, then carves out a no-permit exception in subsection B for specific fire types. 1 covers 'fires used for the cooking of food or for ceremonial, recreational or comfort-heating purposes including barbecues and outdoor fireplaces,' expressly excluding commercial food preparation facilities from the exemption. This exception is conditioned on two things stated in the lead-in to subsection B: the burning must be 'subject to fire department approval,' and it must not create or threaten to create a public nuisance.
The code does not set a numeric setback or size limit for these recreational and comfort-heating fires, those distance requirements (500 feet from a highway, 1,000 feet from a school or park, one-half mile from an airport or hospital) apply only to the separate air curtain destructor/vegetation-disposal exception in subsection C, not to backyard fire pits or outdoor fireplaces. Enforcement of Chapter 9-12 sits with the health officer and the Memphis-Shelby County Health Department, working alongside the fire department's approval role built into subsection B; under § 9-12-6 a violation draws a notice to correct or a citation, and continued noncompliance can lead to a cease-operation order or prosecution.
The open-burning material bans in subsection A, tires, vinyl siding, plastics, asphalt roofing, asbestos-containing material, still apply even to an otherwise-exempt cooking or comfort fire, since B does not exempt burning those materials.
Violations & Fines
A fire pit or outdoor fireplace burn that becomes a public nuisance, lacks fire department approval, or burns prohibited materials (tires, plastics, asphalt shingles, asbestos-containing material) falls outside the § 9-12-4(B)(1) exemption; the health officer can issue a correction notice or citation under § 9-12-6, with a cease-and-suspend order or prosecution for continued noncompliance.
Frequently Asked Questions
Do I need a permit for a backyard fire pit in Memphis?
Is there a required setback distance for a Memphis fire pit?
Can I burn anything in my fire pit?
Sources & Official References
Other rules in Memphis
How Memphis compares: Cities with the Strictest Fire Pit Rules·Compare Memphis to another location·View the Tennessee fire regulations overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.