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Clay County, FL Fire Regulations: Outdoor Burning (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Outdoor burning rules in Clay County, FL, also called the burn ban, open burning, or fire restriction ordinance, set when you can burn yard waste, debris, or run a recreational fire.

Key Facts

Ban covers
Garbage, county-wide
Cited section
§ V.4, Solid Waste Ordinance
Nonresidential burn permit fee
$100
Fire code source
Ch. 69A-60, F.A.C.
General penalty
2nd-degree misdemeanor

Summary

Clay County's solid waste ordinance bans burning garbage in the open, countywide, in both the incorporated and unincorporated areas. Separately, the county's fire prevention code requires a $100 burn permit for other outdoor burning on nonresidential property under the adopted Florida Fire Prevention Code.

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

GG.Open Burning means the burning of any material under such conditions that the products of combustion are emitted directly into the open atmosphere. ... 4.The Open Burning of Garbage is hereby prohibited within the Incorporated Area and Unincorporated Area.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 86).

Full Breakdown

4 of the Clay County Solid Waste Franchising and Collection Ordinance (Appendix D, Article III) states flatly that the Open Burning of Garbage is prohibited within the Incorporated Area and Unincorporated Area, making it one of the few solid-waste prohibitions in the ordinance that reaches every part of the county, not just the unincorporated portion. GG as the burning of any material under conditions where the products of combustion are emitted directly into the open atmosphere, so the ban covers backyard burn barrels and open piles used to dispose of household garbage, not just large-scale dumping.

5's ban on private landfills, all enforced as part of the same solid waste article. Outdoor burning that isn't garbage disposal, such as land-clearing debris burns or bonfires, instead falls under the county's separate fire prevention code, Chapter 6, which adopts the Florida Fire Prevention Code under Chapter 69A-60, Florida Administrative Code. That code's fee schedule, Section 6-123(e)(2), sets a $100 fee for a burn permit on nonresidential property, distinct from the garbage-burning ban in the solid waste ordinance. Because the ordinance text here only prints the fee for that permit and adopts the substantive open-burning standards by reference to the state fire code, the day-to-day burn authorization rules themselves live in the state-promulgated Florida Fire Prevention Code rather than in locally printed language.

Violations & Fines

Violating the Section V.4 open-burning-of-garbage ban is not one of the offenses given its own graded civil-infraction category in Section VIII.5.A, so it falls under the ordinance's general penalty in Section VIII.4: a willful, knowing and deliberate violation is a second-degree misdemeanor punishable under general Florida law. A separate violation of the fire prevention code involving an unauthorized outdoor burn, rather than garbage disposal, is punishable under Section 6-120 by a fine of up to $500 or sixty days in jail, or as a graded civil infraction starting at category 2.

Frequently Asked Questions

Can I burn household garbage in my backyard in Clay County?
No. Section V.4 of the Solid Waste Franchising and Collection Ordinance prohibits open burning of garbage in both the incorporated and unincorporated parts of Clay County, and 'open burning' is defined broadly to cover any burning where combustion products go straight into the open air, including burn barrels.
Is a permit available for other kinds of outdoor burning, like land-clearing debris?
Outdoor burning that isn't garbage disposal is handled under the county's fire prevention code rather than the solid waste ordinance. Section 6-123(e)(2) sets a $100 fee for a nonresidential burn permit, and the underlying burning standards come from the state's Florida Fire Prevention Code, Chapter 69A-60, Florida Administrative Code.
What's the penalty for illegally burning garbage in Clay County?
The solid waste ordinance's general penalty clause, Section VIII.4, makes a willful, knowing and deliberate violation a second-degree misdemeanor under Florida law, since the open-burning ban isn't one of the offenses given its own graded civil-infraction category elsewhere in the ordinance.

Sources & Official References

Other rules in Clay County

All Clay County rules

How Clay County compares: Cities with the Strictest Outdoor Burning Rules·Florida rules heatmap·Compare Clay County to another location·View the Florida fire regulations overview

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