Miami-Dade County, FL Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Miami-Dade 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
- Governing section
- Miami-Dade County Code § 24-41.4
- Exceptions
- Six listed in § 24-41.5
- Extensions of time
- Not available for this ban (§ 24-11)
- Civil penalty
- Up to $25,000 per offense (§ 24-29)
- Criminal penalty
- Up to $500 fine or 60 days jail (§ 24-30)
- Enforcing agency
- DERM (Director, Environmental Resources Management)
Summary
Miami-Dade County bans all open outdoor fires countywide, including the 34 municipalities, unless the fire fits one of six narrow exceptions written into the code. DERM enforces the ban, and the county's Environmental Quality Control Board has no power to grant a time extension for compliance with it.
Sec. 24-41.4. - Open burning. No person shall ignite, cause to be ignited, permit to be ignited or suffer, allow or maintain any open outdoor fire except as provided in Section 24-41.5.
Sec. 24-41.5. - Exceptions to prohibition against open burning. The following fires are excepted from the provisions of this chapter: (1)Fires used only for noncommercial cooking of food for human beings or for recreational purposes.(2)Any fire set or permitted by the Director in the performance of official duty, if such fire is set or permission given for the purpose of weed abatement, the prevention of a fire hazard...(4)An agricultural fire set by or permitted by the Director if such fire is for the purpose of disease and pest prevention, or for frost protection.(5)Smokeless flares or safety flares for the combustion of waste gases.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 135).
Full Breakdown
" This sits in Chapter 24, Environmental Protection, which the code applies to damage and violations occurring "within the geographical limits of Miami-Dade County" generally, so the ban reaches the incorporated cities as well as unincorporated UMSA (individual municipalities may layer their own fire-code rules on top). 5 lists only six exceptions: fires for noncommercial cooking of food or recreation; a fire set or permitted by the Director for weed abatement, hazard prevention, or training firefighters; an agricultural fire permitted by the Director for disease/pest control or frost protection; smokeless or safety flares burning waste gases; and a fire set or permitted by the Director of DERM or Miami-Dade Fire Rescue for nonrecurrent clearing of agricultural or silvicultural debris.
Anything outside those six categories, from a backyard bonfire to burning yard debris or trash, is a violation even if it is contained and attended. " There is no administrative waiver route; the only path to a lawful outdoor fire is fitting one of the six statutory exceptions or obtaining the Director's permission where the exception requires it.
Violations & Fines
Section 24-29 lets the DERM Director sue in civil court for damages, injunctive relief, and a civil penalty of up to $25,000 per offense, with each day of an ongoing violation counted as a separate offense. Section 24-30, "Penalties generally," separately makes a Chapter 24 violation punishable upon conviction by a fine of up to $500, imprisonment of up to 60 days in the county jail, or both, again with each day of continued violation treated as its own offense.
Frequently Asked Questions
Can I have a backyard bonfire in Miami-Dade County?
Can I get a variance to burn yard waste anyway?
Does this ban apply inside cities like Hialeah or Homestead?
What can happen if I get caught burning illegally?
Sources & Official References
Other rules in Miami-Dade County
How Miami-Dade County compares: Cities with the Strictest Outdoor Burning Rules·Florida rules heatmap·Compare Miami-Dade County to another location·View the Florida fire regulations overview
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