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Ashwaubenon, WI Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Ashwaubenon, WI, 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

Governing section
Ashwaubenon Municipal Code § 13-2-5
Who can declare a ban
Chief of Public Safety
Trigger
Serious threat of fire to life/property
Ban lifts
Automatically when threat conditions end
First-offense penalty
$1 to $5,000 forfeiture, up to 90 days jail
Code current as of
June 24, 2026 update

Summary

The Village of Ashwaubenon's Fire Inspection Division chief can declare a burning ban whenever weather conditions create a serious fire risk, barring open fires, dropped ashes near vegetation, and unauthorized fireworks until conditions improve. Violators face the Village's general penalty, a forfeiture up to $5,000.

When the Chief of Public Safety determines there are environmental conditions likely to produce a serious threat of fire to life and property, the Chief may impose a burning ban and burning restrictions and require that no person may: (A) Set, build, or maintain any open fire, except propane grills, when in the immediate vicinity of a residential dwelling and when placed on a noncombustible surface. (B) Throw, discard, or drop matches, ashes, or other burning material while outdoors in the immediate vicinity of combustible natural vegetation. (C) Light or use any fireworks, as defined by state statutes, or caps, toy snakes, sparklers, smoke bombs, or cylindrical or cone fountains that emit sparks and smoke, except in displays or use authorized by the Public Safety Department where adequate fire prevention measures have been taken. (D) This ban shall be lifted when the environmental conditions change so that a serious threat of fire is no longer present.

Full Breakdown

Section 13-2-5 of the Ashwaubenon Municipal Code, "Power of the Chief During Threat of Fire," gives the Chief of Public Safety authority to impose a burning ban and burning restrictions whenever environmental conditions create a serious threat of fire to life and property. Once declared, the ban bars three specific things: setting, building, or maintaining any open fire near a residential dwelling unless it is a propane grill on a noncombustible surface; throwing, discarding, or dropping matches, ashes, or other burning material outdoors near combustible natural vegetation; and lighting or using fireworks, caps, toy snakes, sparklers, smoke bombs, or spark-emitting fountains, except in a display authorized by the Public Safety Department with adequate fire prevention measures in place.

The ordinance builds in its own sunset: subsection (D) states the ban lifts automatically once environmental conditions change so a serious fire threat is no longer present, so there is no fixed calendar burn season here, the trigger is weather and fuel conditions as assessed by the Chief. This sits within Chapter 13, Fire Prevention and Protection, which also gives the Chief or code official authority under Section 13-2-4 to order removal of dangerous accumulations of rubbish, vegetation, or other combustible materials, and Section 13-2-3 gives the code official a right of entry to inspect for compliance.

The chapter was last amended by Ordinance No. 2-2-23, adopted February 28, 2023, and the code text is current to the Village's own June 24, 2026 code book update.

Violations & Fines

Violating a burning ban or restriction issued under Section 13-2-5 falls under Section 13-1-5, which routes any violation of Chapter 13 to the Village's general penalty at Section 1-1-13. A first offense carries a forfeiture of not less than $1.00 nor more than $5,000.00 plus costs of prosecution, with up to 90 days in the county jail if the forfeiture and costs go unpaid. A second offense for the same ordinance within one year carries the same forfeiture range but up to six months of jail time in default of payment. Each day a violation continues counts as a separate offense under Section 1-1-13(B).

Frequently Asked Questions

Who decides when a burning ban is in effect in Ashwaubenon?
The Chief of Public Safety declares a burning ban under Ashwaubenon Municipal Code § 13-2-5 whenever environmental conditions create a serious threat of fire to life and property. There is no fixed local burn season; the ban is condition-triggered and lifts automatically once the fire risk passes.
Can I still use a propane grill during a burn ban?
Yes. Section 13-2-5(A) exempts propane grills from the open-fire restriction as long as the grill sits on a noncombustible surface and away from the immediate vicinity of a residential dwelling in a way that otherwise complies with the ban.
What happens if I violate an Ashwaubenon burning ban?
Violations of Chapter 13 route to the Village's general penalty under Section 1-1-13: a first offense is a forfeiture of $1 to $5,000 plus costs, with up to 90 days of jail time if unpaid, and each day the violation continues counts as a separate offense.
Are fireworks covered by the same burning ban rule?
Yes. Section 13-2-5(C) folds fireworks, caps, sparklers, smoke bombs, and spark-emitting fountains into the same ban, unless the use is part of a display authorized by the Public Safety Department with adequate fire prevention measures in place.

Sources & Official References

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