Brookhaven, GA Fire Regulations: Outdoor Burning (2026)

Brookhaven Code § 12-146(a) opens with a flat prohibition: no person shall cause, suffer, allow or permit open burning in any area of the city except as listed. The list covers open burning in a reasonable fashion for cooking food for immediate human consumption; operation of devices using open flames such as candles, lanterns, tar kettles, blow torches, welding torches, portable heaters and other flame-making equipment where approved safety measures are used; open burning in other than residential areas for land clearing, construction or right-of-way maintenance; and warming fires. Because the land clearing exception is limited to other than residential areas, burning yard debris or brush at a home is not on the list.

Warming fires must be in a barrel of 55-gallon capacity or less, or another commercially sold outdoor fireplace device. The fire cannot produce dense smoke or obnoxious odors, and it must be attended by an individual over the age of 17 years. Untreated wood or lumber is the only material allowed in the warming fire. Section 12-146(a)(5) adds that open flames, including cooking and warming fires, are prohibited in urban campsites as defined in Section 18-36.

Every permitted burn must meet the § 12-146(b) standards. Heavy oils, gasoline, asphaltic materials, plastic, items containing natural or synthetic rubber, or any other material producing dense smoke or obnoxious odors cannot be used for starting or maintaining an open fire. All burning must be on private property so as not to interfere with traffic on public streets or sidewalks. And under subsection (b)(3) no burning is allowed in violation of restrictions imposed by the federal environmental protection agency or the state environmental protection division, or in violation of the state minimum fire safety standards. The section does not create a separate city-declared burn ban; it points to those outside restrictions.

A companion rule, § 12-61(b), makes it unlawful to ignite a fire of any type within ten feet of a combustible building, including under combustible overhangs and balconies.