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Fort Myers, FL Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Fort Myers, 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

Permit required
Fire marshal permit + site inspection
Open fire setback
50 feet from any structure
Recreational fire setback
25 feet from structure or combustibles
Attendance
Constant attendance, hose within 35 ft
Enforcement
Citation under Sec. 1-14, county court

Summary

Fort Myers requires a fire marshal permit and pre-burn site inspection for outdoor fires, recreational fires, patio heaters, and open flame devices, with authority to prohibit burning entirely when conditions turn hazardous.

A site visit shall be completed by the fire marshal or designee prior to any permits being issued for operations including, but not limited to, outdoor fires; recreational fires; patio heaters; outdoor fireplaces and open flame devices. Permits may be revoked or suspended for cause by the fire marshal or designee.(b)Where burning is to be conducted on public property or the property of someone other than the permit applicant, applicant shall provide sufficient proof that permission has been obtained.(c)The fire marshal or designee shall have the authority to prohibit any or all open flames, open or recreational, and cooking fires or other sources of ignition and shall establish special regulations on the use of any form of fire or smoking material where circumstances make such conditions hazardous. If a condition is determined to be hazardous the fire marshal or designee shall be authorized to require immediate extinguishment of the hazard. (Ord. No. 3640, § 9, 9-17-2012)

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 60).

Full Breakdown

In Fort Myers, Lee County, no outdoor fire, recreational fire, patio heater, outdoor fireplace, or open flame device may operate without a fire marshal permit and a pre-burn site inspection; permits can be revoked or suspended for cause. Burning on public property or land you don't own requires proof of the owner's permission. The fire marshal can prohibit all open flames or cooking fires outright and order immediate extinguishment whenever conditions turn hazardous. Outdoor fires in hazardous fire areas need a specific permit; permitted open fires must sit 50 feet from structures, recreational fires 25 feet, with constant attendance and a garden hose within 35 feet.

Violations & Fines

Failure to comply with the permit, site-inspection, distance, or attendance requirements is a citation issued under Sec. 1-14, enforceable in county court or before the city's code enforcement board.

Frequently Asked Questions

Do I need a permit to have a backyard fire in Fort Myers?
Yes. Sec. 40-30 requires a fire marshal site inspection and permit before any outdoor, recreational, or open flame fire, and permitted open fires must stay 50 feet from structures per Sec. 40-32.
Can the fire marshal ban all outdoor fires in Fort Myers?
Yes. Sec. 40-30(c) lets the fire marshal prohibit any or all open, recreational, or cooking fires and order immediate extinguishment whenever conditions become hazardous.

Sources & Official References

Other rules in Fort Myers

All Fort Myers rules

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

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Outdoor Burning in Nearby Cities

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Significant Restrictions