Fitchburg, WI Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Fitchburg, 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
- Fine range
- $0-$50 per offense
- Permit issuer
- Fitchburg Fire Department
- Structure setback
- 50 feet minimum
- Air quality condition
- Must read Good on AQI
- Drought condition
- No burning in Severe/Extreme/Exceptional drought
- General ban
- Prohibited inside Urban Service Area
Summary
Fitchburg, Wisconsin bans open burning citywide except on land outside the Urban Service Area or under a permitted prescribed burn, both subject to strict conditions. A Fitchburg Fire Department permit, a 50-foot structure setback, and a Good Air Quality Index reading are all required before lighting a fire.
(b)Open Burning. Open burning is defined as the process of burning any materials where the products of combustion pass directly into the open air without going through a chimney or stack and without the use of a device, fireplace, or fire pit as outlined in this chapter. Open burning is hereby prohibited except as specified below in subsections (1) and (2) and subjects to requirements of subsection (3). ... (3)Open burning conditions. Where open burning is permitted, the following conditions shall apply:a.Only upon the issuance of a permit by the Fitchburg Fire Department.b.Only clean untreated wood and brush may be burned.c.Open burning must be at least 50-feet from any structure.d.Burning shall not be conducted when the Air Quality Index is other than Good as determined by the Department of Natural Resources.e.Burning shall not be conducted when the NOAA National Integrated Drought Information System indicates Dane County is experiencing a Severe, Extreme or Exceptional Drought.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 30).
Full Breakdown
City Code Sec. 70-57 prohibits open burning, defined as burning where the products of combustion pass directly into the open air without a chimney, stack, device, fireplace or fire pit. Two narrow exceptions exist: burning on land outside the Urban Service Area mapped by the Capital Area Regional Planning Commission, and a prescribed fire or controlled burn used for planned land management. A prescribed burn additionally needs a written burn plan with a site map, contact information for the person responsible, proof of insurance, written notice to neighboring owners within 300 feet, and a burn permit number obtained from the Fire Department before ignition.
Wherever open burning is allowed at all, subsection (3) layers on conditions: a Fitchburg Fire Department permit, only clean untreated wood and brush as fuel, a minimum 50-foot separation from any structure, no burning unless the Department of Natural Resources rates the Air Quality Index Good, no burning during a Severe, Extreme or Exceptional Drought as tracked by NOAA for Dane County, no burning when wind, humidity, dew point or barometric pressure could push the fire out of control, and a responsible adult attending at all times with a fire extinguisher or garden hose on hand.
The fire chief can add further conditions to any permit based on danger to persons or property. Separately, Sec. 70-58 makes it unlawful to set any fire or blast on land, burn in a dump, or engage in open burning anywhere in the city except as this division allows, and Sec. 70-61 punishes careless burning that lets a fire escape through negligence. All burning must still comply with Wisconsin DNR regulation NR 429, and no city permit overrides a DNR prohibition.
Violations & Fines
Fitchburg's penalty schedule sets the fine for violating Sec. 70-57 at $0 to $50 per offense, issued by the Fitchburg Fire Department or police. Burning without the required Fire Department permit, inside 50 feet of a structure, during a Bad Air Quality Index day, or during a declared Dane County drought all count as violations. Careless burning that lets a fire escape under Sec. 70-61 is charged separately and applies regardless of whether a permit was issued.
Frequently Asked Questions
Can I have an open fire in Fitchburg, Wisconsin?
Do I need a permit for a fire pit or outdoor fireplace?
What happens if I burn during a drought or bad air day?
How much is the fine for illegal open burning?
Sources & Official References
Other rules in Fitchburg
How Fitchburg compares: Cities with the Strictest Outdoor Burning Rules·Compare Fitchburg to another location·View the Wisconsin fire regulations overview
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Outdoor Burning in Nearby Cities
How other cities in Dane County handle outdoor burning.