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Waukesha County, 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 Waukesha County, WI, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.

Key Facts

Attendance
Fire attended at all times
Pile size (Town)
No larger than 10 feet
Wind limit
No burning above 15 mph
Timing
Daylight only, out at night
Drought
Emergency ban possible

Summary

Recreational backyard fires are governed by your municipality. In the Town of Waukesha, outdoor fires must use an approved incinerator or a permit, stay 20 feet from structures, be attended at all times, and never burn in high wind, dry conditions or after dark.

City-specific rules exist: Waukesha has its own fire pits & backyard fires rules that differ from Waukesha County's county-level regulations. If you live in Waukesha, check the city-specific page instead.

No burning when wind velocity exceeds 15 MPH or dry conditions exist ... Burning allowed only during daylight hours, completely extinguished at night ... Fire must be attended at all times.

Full Breakdown

Waukesha County leaves backyard and recreational fires to each city, village and town. Under Town of Waukesha Sec. 5-2-8, burning is only permitted in an approved enclosed incinerator or with a burning permit issued by the Fire Chief or Town Clerk. Permit conditions require the fire be attended at all times, piles no larger than 10 feet in diameter, no burning when wind exceeds 15 mph or dry conditions exist, daylight burning only, fully extinguished at night, and a safe distance from property lines and structures. During drought the fire department can declare an emergency banning all open fires. The City of Waukesha permits recreational fire pits 3 p.m. to midnight.

Violations & Fines

Negligently setting a fire that escapes, or burning in violation, results in a forfeiture plus liability for suppression expenses billed by the town clerk.

Frequently Asked Questions

Can I have a backyard bonfire?
Yes, if your municipality allows it. In the Town of Waukesha you need an approved incinerator or a burning permit, must keep the pile under 10 feet, attend it, and only burn in daylight and safe weather.
Can fires be banned during dry weather?
Yes. The Town of Waukesha Fire Department may declare an emergency during extreme dryness or drought and publish a notice forbidding all open fires until the emergency ends.

Sources & Official References

Other rules in Waukesha County

All Waukesha County rules

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

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Fire Pits & Backyard Fires in Cities Across Waukesha County