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Benton County, AR Fire Regulations: Fire Pits & Backyard Fires (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

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

Key Facts

Exempt uses
Grills, campfires, residential fire pits, barbecues
Notification required for
All other open burning
Notify
County CENCOM by phone, with 911 address
Red-flag day rule
No open burning countywide
Default penalty
Up to $500.00 fine
Continuing violation
Up to $250.00 per day

Summary

Recreational fires are exempt from Benton County's open-burning notification rule. Sec. 34-3(c) excludes grills, campfires in agency-regulated devices, and barbecues or outdoor fireplaces used at a residence from the requirement in Sec. 34-3(a) to phone county dispatch before burning.

These county ordinances apply to unincorporated areas of Benton County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Sec. 34-3. Notification of open burning. (a) All persons desiring to conduct open burning in the unincorporated areas of the county shall first notify county administration of such planned open burn. This notification shall be by telephone communication to the county warning point (county CENCOM office). All requestors shall provide the location of the burn by 911 address, name, date, time, and type of refuse to be burned in advance of the burn. (b) The county judge or his designee shall advise the county warning point (CENCOM) of unsafe and unfavorable burning conditions when applicable. No open burning will be allowed in the unincorporated areas of the county on days declared as red flag days. (c) Outdoor recreational cooking devices (grills or gas-fired grills) for individual use or campfires contained in devices regulated by other agencies (Corps of Engineers parks and campgrounds, state and city parks) are excluded from the requirements stated herein. Fires used for the non-commercial cooking of food or for ceremonial or recreational purposes, including barbecues and outdoor fireplaces used in connection with any residence are also excluded from the requirements herein.

Full Breakdown

Sec. 34-3 of the Benton County Code of Ordinances requires anyone planning to burn in the unincorporated county to call ahead: subsection (a) states "all persons desiring to conduct open burning in the unincorporated areas of the county shall first notify county administration of such planned open burn" by telephoning "the county warning point (county CENCOM office)," giving the 911 address, name, date, time and type of refuse to be burned. Subsection (b) layers on a weather-based shutoff: the county judge or a designee advises CENCOM of unsafe conditions, and "no open burning will be allowed in the unincorporated areas of the county on days declared as red flag days," a determination based on National Weather Service humidity and forecast data.

" In practice, a resident lighting a contained backyard fire pit, chiminea or grill for cooking or recreation does not have to call CENCOM first and is not stopped by a red-flag burn ban that otherwise applies to open burning. That exemption sits inside the same chapter as the county's separate burn-ban authority: Sec. 34-1 lets the county judge issue a court order banning all burning when "local circumstances and atmospheric conditions make fires a hazard to the health and safety of citizens," a broader emergency measure distinct from the routine notification rule in Sec. 34-3.

Violations & Fines

Sec. 34-3 has no penalty clause of its own, so a failure to notify CENCOM before an open burn, or burning on a declared red-flag day, is punished under the county's general penalty, Sec. 1-9: a fine up to $500.00, doubled for repeat offenses, and up to $250.00 per day if the unlawful burning continues. The recreational-fire exemption in subsection (c) removes that exposure entirely for a qualifying grill, campfire or residential fire pit.

Frequently Asked Questions

Do I need to call the county before using my backyard fire pit?
No. Sec. 34-3(c) excludes "outdoor recreational cooking devices... or campfires" and "barbecues and outdoor fireplaces used in connection with any residence" from the notification rule that otherwise requires calling county CENCOM before an open burn.
Can I still use a fire pit on a red-flag burn ban day?
The code's red-flag restriction in Sec. 34-3(b) blocks "open burning" on days the county declares unsafe, but subsection (c) carves recreational cooking devices, campfires and residential fire pits out of "the requirements stated herein," which includes that restriction.
What counts as open burning that requires notice in Benton County?
Anything outside the Sec. 34-3(c) exemptions, such as burning brush, debris or refuse. Sec. 34-3(a) requires calling the county CENCOM office in advance with the 911 address, name, date, time and type of material to be burned before that kind of burn.
What happens if I skip the notification for a large brush burn?
Sec. 34-3 carries no penalty of its own, so a violation defaults to Sec. 1-9: up to $500.00 for a first offense, doubled for repeats, and up to $250.00 for each day an unlawful burn continues.

Sources & Official References

Other rules in Benton County

All Benton County rules

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

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