Topeka, KS Fire Regulations: Fire Pits & Backyard Fires (2026)
Fire pit rules in Topeka, KS, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.
Key Facts
- Permit-free limit
- 3 ft diameter, 2 ft height
- Fuel allowed
- Approved material, no rubbish
- Allowed containers
- Ground-level or commercial fire pit
- Otherwise needs
- Fire Dept. operational permit
Summary
Topeka exempts small recreational fires from its open-burning permit if the fuel area stays 3 feet or less in diameter and 2 feet or less in height, in a ground-level fire or a commercial fire pit, per TMC § 14.40.050.
An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. ... Exception: Recreational Fires defined at subsections (a) and (b): (a) An outdoor fire burning approved material, at ground level, other than rubbish with a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 20671, passed July 14, 2026).
Full Breakdown
TMC § 14.40.050 rewrites Fire Code § 105.5.34 (Open Burning): any open fire on public or private ground normally needs an operational permit from the Fire Department. But 'recreational fires' are exempt from that permit, defined as an outdoor fire of approved material (not rubbish), either directly on the ground or in a commercially produced fire pit or fireplace, with a total fuel area no more than 3 feet in diameter and 2 feet in height, kept for pleasure, religious, ceremonial, cooking, or warmth purposes.
Violations & Fines
An open fire that exceeds the 3-foot diameter/2-foot height recreational-fire limits, or otherwise doesn't meet the exception, needs a Fire Department operational permit; burning without one violates TMC § 14.40.050.
Frequently Asked Questions
How big can a backyard fire be in Topeka without a permit?
Can I burn trash in a backyard fire pit?
Sources & Official References
Other rules in Topeka
How Topeka compares: Cities with the Strictest Fire Pit Rules·Compare Topeka to another location·View the Kansas fire regulations overview
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