Desoto County, MS Fire Regulations: Outdoor Burning (2026)

DeSoto County, MS controls outdoor burning under a layered framework: MS Code Ann. §49-19-1 et seq. (Mississippi Forestry Commission), MS Code Ann. §49-17-1 et seq. (Air and Water Pollution Control), Mississippi Air Quality Permit Regulation APC-S-1 Section 6 (open burning), and local fire prevention codes adopted by Southaven, Olive Branch, Horn Lake, Hernando, and Walls. Within the incorporated city limits of Southaven and Horn Lake, open burning of yard waste is generally prohibited or requires a permit from the fire marshal, as both cities participate in curbside yard waste collection. Olive Branch and Hernando permit limited yard-waste burning in low-density areas with a Forestry Commission notification. Unincorporated DeSoto County generally allows yard-waste burning by a property owner without a permit as long as it complies with APC-S-1 setbacks (50 feet from any structure, 500 feet from any occupied building not on the owner's property) and is not during a burn ban. Land-clearing burns, which include tree stumps and large brush piles, require a written permit from the Mississippi Forestry Commission under MS Code Ann. §49-19-351. Burning of household trash, garbage, tires, asphalt roofing, plastic, demolition debris, and painted or treated wood is banned statewide by APC-S-1. Wind speeds over 15 mph or poor Memphis-metro air quality days can trigger temporary suspensions. Causing an uncontrolled wildfire can be prosecuted as a misdemeanor or felony depending on damage.