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Daytona Beach, FL Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Daytona Beach, 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
City Code § 78-5(1)
What's banned
Burning solid waste in the city
Exception
Federal or state permit only
No local burn permit
City code creates none
Penalty
Up to $500 fine / 60 days jail, § 1-14

Summary

Daytona Beach bans burning solid waste anywhere in the city unless a federal or state burn permit authorizes it, under Sec. 78-5(1) of the solid waste chapter.

It will be unlawful for any person to:(1)Burn any solid waste within the city, except as authorized by federal or state permit.

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 78 | Land Development Code: Supplement 36).

Full Breakdown

Sec. " "Solid waste" is defined in Sec. 703, and the same section defines "refuse" to include garbage and trash, so this reaches household and yard trash burned in a barrel or open pile, not just industrial waste. The exception is narrow: burning is only lawful if a federal or state permit specifically authorizes it, which in practice routes any lawful open burning through the Florida Forest Service's authorization process rather than any city permit desk, since Daytona Beach's own code does not create a local burn-permit pathway.

The prohibition sits inside the solid waste chapter (chapter 78) rather than a freestanding fire code section, meaning the city's rule targets waste disposal by fire specifically. Sec. 78-2 puts the city manager in charge of administering chapter 78 and allows written regulations implementing it, filed with public works and the city clerk, but the burning ban itself is set directly by ordinance, not left to administrative discretion. Because the ban is written into the same section as other prohibited waste-handling acts (placing waste in underground containers, mishandling sharps, disposing of hazardous or biomedical waste outside state and federal law), enforcement treats an open burn pile of household trash the same as any other unlawful waste-disposal method under this section.

Violations & Fines

Burning solid waste without federal or state authorization violates Sec. 78-5(1) and is enforceable under Sec. 78-3: the code enforcement board or a special magistrate may act under F.S. ch. 162, and any violator is also subject to the citywide general penalty in Sec. 1-14 of up to $500.00 and/or 60 days imprisonment, with each day of a continuing burn treated as a separate offense.

Frequently Asked Questions

Can I burn yard trash or household waste in a barrel at my Daytona Beach home?
No. Sec. 78-5(1) makes it unlawful to burn any solid waste, which includes household and yard trash, within the city unless a federal or state permit specifically authorizes it.
Does Daytona Beach issue its own burn permits?
No. The city code's exception only covers burning "authorized by federal or state permit," so lawful open burning is authorized through state channels like the Florida Forest Service, not a city permit.
What happens if I'm caught burning trash illegally in Daytona Beach?
The code enforcement board or a special magistrate can act under F.S. ch. 162 per Sec. 78-3, and you're also subject to the citywide penalty in Sec. 1-14, up to a $500.00 fine and/or 60 days in jail, with each day counted separately.

Sources & Official References

Other rules in Daytona Beach

All Daytona Beach rules

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

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