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

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

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

Key Facts

Setback
15 ft from structures, 5 ft from lot lines
Fuel allowed
Dry wood only, fully contained
Supervision
Adult 18+ must attend at all times
Wind limit
No use above 10 mph winds
Permit
Not needed for certified/approved units

Summary

Middleton allows dry-wood outdoor recreational fireplaces and fire pits without a burning permit under Municipal Code Section 5.08(2)(b), but only commercially certified units or Building Inspector-approved brick fireplaces qualify. Fire pits must sit at least 15 feet from any structure and 5 feet from any lot line, stay attended by an adult, and be doused when winds exceed 10 mph.

(b)Dry wood may be burned in commercially manufactured outdoor recreational fireplaces that are certified by a nationally recognized listing agency or non-commercially constructed brick fireplaces with chimneys approved by the Building Inspector according to applicable building codes subject to the following conditions:1.The fireplace must be an assembly that includes a bowl, pit or device for holding the wood and a method of containing embers and sparks.2.Only dry wood, entirely contained within the device, is permitted to be burned.3.No outdoor fireplace shall be used within fifteen (15) feet of any structure or five (5) feet of any lot line unless the fireplace is a brick fireplace and closer placements are approved by the Building Inspector according to applicable building codes. ... 7.The fireplace must be supervised or attended at all times while in use by a responsible adult over the age of eighteen (18). The fire must be completely extinguished before the fireplace is left unsupervised.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).

Full Breakdown

08(2) of the City of Middleton Municipal Code bans outdoor burning of leaves, grass, wood, rubbish or other combustible material on any lot in the City without a burning permit from the Fire Department, but Subsection (b) carves out a permit-free path for recreational fire pits and fireplaces. To qualify, the unit must be a commercially manufactured outdoor recreational fireplace certified by a nationally recognized listing agency, or a non-commercially built brick fireplace with a chimney the Building Inspector has approved under the applicable building codes.

Only dry wood may be burned, entirely contained within an assembly that includes a bowl, pit or similar device plus a way to contain embers and sparks. Placement is restricted to at least fifteen feet from any structure and five feet from any lot line, unless the unit is a brick fireplace the Building Inspector has approved at a closer distance. The fire cannot be used on a wood deck, porch or patio, and the smoke cannot create a nuisance, obstruct vehicle travel, or raise health concerns for neighbors.

An ABC-rated fire extinguisher, charged garden hose, or other first-aid fire control must be on hand, and a responsible adult over eighteen must supervise the fire at all times and fully extinguish it before leaving. Use must stop when the Fire Department has declared hazardous conditions, including winds exceeding ten miles per hour or excessive dry weather, and operators must check with the Fire Department before lighting up.

Violations & Fines

Violating Section 5.08, including running a fire pit at the wrong distance from a structure or lot line, burning wet or non-wood material, leaving a fire pit unsupervised, or operating during a Fire Department-declared hazardous wind or drought condition, is a penalty offense under Section 30.04 of the Municipal Code; the Fire Department may extinguish any noncompliant fire on the spot and can pursue additional remedies beyond a forfeiture.

Frequently Asked Questions

Do I need a permit for a backyard fire pit in Middleton?
No, as long as it is a commercially certified outdoor recreational fireplace or a Building Inspector-approved brick fireplace burning only dry wood under Section 5.08(2)(b); anything else burned outdoors on your lot needs a Fire Department burning permit.
How far must a fire pit be from my house or the property line?
At least fifteen feet from any structure and five feet from any lot line, unless it is a brick fireplace the Building Inspector has approved at a closer placement under Section 5.08(2)(b)3.
Can I use my fire pit on a windy day?
No. Section 5.08(2)(b)8 requires operators to discontinue use when the Fire Department declares hazardous atmospheric conditions, including winds above ten miles per hour or excessively dry weather, and to check with the Fire Department before lighting.

Sources & Official References

Other rules in Middleton

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

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