New Berlin, WI Fire Regulations: Fire Pits & Backyard Fires (2026)
Fire pit rules in New Berlin, WI, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.
Key Facts
- Exempt without a permit
- Cooking fires, grills, bonfires (aesthetic)
- Bonfire condition
- Must meet L(2) setback and supervision rules
- Setback distance
- 50 feet from structures/fences
- Max pile size
- 4 ft x 4 ft x 3 ft
- First violation fine
- $224.80 plus court costs
Summary
New Berlin exempts cooking fires, barbecue pits, grills and outdoor fireplaces used for food preparation, and bonfires or campfires held solely for aesthetic and social enjoyment, from its general open-burning ban under Section 124-12 L(4). Recreational bonfires still have to meet the same 50-foot setback and supervision rules that apply to permitted brush burning.
(b)Any open pile of material burned shall be at least 50 feet from any structure, wood or lumber pile or wooden fence, and provisions shall be made to prevent the fire from spreading to within 50 feet of such items. ... (4)The following are exempt from the provisions of this subsection:(a)Cooking fires and barbecue pits, grills and outdoor fireplaces, but only for the purposes of food preparation. ... (e)Bonfires or campfires which otherwise comply with the provisions of Section 124-12 L(2)(a), (b), (c), (d), (e), and (h), which fire is solely for the aesthetic and social enjoyment of the persons conducting the fire.
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
Section 124-12 L(1) starts from a blanket ban: no person may burn, cause to be burned, or permit to burn any fire outside of a building in New Berlin, with both the person igniting the fire and the landowner equally responsible for compliance. Subsection L(4) then carves out specific exemptions from that ban. Cooking fires, barbecue pits, grills and outdoor fireplaces are exempt, but only when used for food preparation, not general burning. Fires inside a structure, including fireplaces and incinerators, are exempt outright. And bonfires or campfires held solely for the aesthetic and social enjoyment of the people conducting them are exempt too, but only if they also comply with subsection L(2)'s (a), (b), (c), (d), (e) and (h) requirements, the same conditions that govern permitted brush and leaf burning: no barrels or containers, a pile no larger than four feet by four feet by three feet high, kept at least 50 feet from any structure, wood pile or wooden fence, using only dry fuel without flammable liquids, extinguished by a half hour after sunset, and physically supervised the entire time by someone at least 16 years old with fire-extinguishing equipment within 20 feet. The Mayor or Fire Chief can suspend all burning, including these exempt fires, when atmospheric conditions warrant it.
Violations & Fines
A recreational bonfire or campfire that skips one of the cross-referenced L(2) conditions, such as the 50-foot setback or the required on-site supervision, loses its exemption and becomes an illegal open fire under Section 124-12 L(1). Any violation of the subsection draws a citation starting at $224.80 plus court costs for a first offense and $338.20 plus court costs for a subsequent violation, under Section 124-12 L(7).
Frequently Asked Questions
Can I have a backyard fire pit in New Berlin without a permit?
How far from my house does a fire pit have to be?
Do I need to supervise a recreational fire?
Sources & Official References
Other rules in New Berlin
How New Berlin compares: Cities with the Strictest Fire Pit Rules·Compare New Berlin to another location·View the Wisconsin fire regulations overview
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Fire Pits & Backyard Fires in Nearby Cities
How other cities in Waukesha County handle fire pits & backyard fires.