Waukesha, WI Fire Regulations: Fire Pits & Backyard Fires (2026)
Fire pit rules in Waukesha, WI, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.
Key Facts
- Allowed hours
- 3:00 p.m. to 12:00 a.m.
- Setback from combustibles
- 25 feet minimum
- Fire pit size
- 4 in. deep minimum, 3 ft. max diameter
- Max flame height
- 3 feet from fire base
- Wind limit
- Prohibited above 10 mph
- Attendant age
- 18 years or older, always present
Summary
Waukesha allows residential outdoor burning between 3 p.m. and midnight in a below-ground fire pit or outdoor fireplace at least 25 feet from anything combustible, with a 3-foot flame cap, a 10 mph wind limit and adult supervision required.
AUTHORIZATION FOR OPEN FIRES IN RESIDENTIAL AREAS. Unless otherwise authorized in accordance with sub. (5) of this section, outdoor burning is permitted in residential districts within the City between the hours of 3:00 p.m. to 12:00 a.m., provided that the following requirements are met: Outdoor burning shall not be conducted less than 25 feet from any building, structure, shed, garage, tree, shrub, bush, fence or any combustible material. Outdoor burning must be conducted in a below-ground fire pit or in an Outdoor Fireplace... ... Below-ground fire pits shall be constructed with a minimum depth of 4 inches and a maximum diameter of 3 feet. Burning materials must be contained within this enclosure at all times... ... Outdoor burning is not permitted when the wind speed exceeds 10 miles per hour... ... At no time shall the height of the flame created by the outdoor burning exceed 3 feet from the base of the fire. While outdoor burning is being conducted, it shall be attended by a person of at least 18 years of age at all times.
Full Breakdown
, provided a detailed list of conditions is met. Burning cannot occur less than 25 feet from any building, structure, shed, garage, tree, shrub, bush, fence or other combustible material. The fire itself must be contained in a below-ground fire pit built at least 4 inches deep and no more than 3 feet in diameter, ringed with noncombustible material like concrete, rock or cement block, or in a commercially manufactured noncombustible Outdoor Fireplace placed on a noncombustible surface. Burning is banned outright whenever wind speed exceeds 10 miles per hour, and flame height can never exceed 3 feet measured from the base of the fire.
Only clean burning material qualifies: rubbish, garbage, recyclables, trash, yard waste, green wood, pressure-treated lumber, and anything coated with rubber, plastic, leather, petroleum products or containing flammable or combustible liquids are all barred from the pit. Whoever is burning must keep adequate suppression equipment on hand, such as shovels, a 4A-rated or larger fire extinguisher, or a hose, and a person at least 18 years old must attend the fire at all times it burns. A Fire Inspector, Police Officer or other City agent can order the fire out if it endangers health, safety or nearby property, and the Fire Department may escalate under Wis. 14 if the responsible party does not immediately comply.
Violations & Fines
Burning outside the permitted hours, closer than 25 feet to combustibles, in an oversized or unlined pit, during high wind, with prohibited materials, or without an adult attendant violates § 21.04 and is punishable under § 21.11: a forfeiture of $25 to $500 per violation plus prosecution costs, with each day of a continuing violation counted separately.
Frequently Asked Questions
What size fire pit does Waukesha allow in a backyard?
What time can I have a fire in my Waukesha backyard?
Can I burn yard waste in my fire pit?
Sources & Official References
Other rules in Waukesha
How Waukesha compares: Cities with the Strictest Fire Pit Rules·Compare Waukesha to another location·View the Wisconsin fire regulations overview
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