Gilbert, AZ Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Gilbert, AZ, 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
- Code of Gilbert § 42-253
- Permitted burning
- county- and public-works-permitted incinerators only
- Absolute bar
- smoke/odor-producing burns, permit or not
- Default penalty
- class one misdemeanor (§ 1-5(c))
- Adopted
- Ord. No. 1620, Feb. 1, 2005
Summary
Code of Gilbert § 42-253 makes it unlawful and a public nuisance to burn refuse anywhere in town except in incinerators permitted by the county and the town's director of public works. Any refuse burning that produces particulate matter or offensive, obnoxious or dangerous fumes or odors is a nuisance and is flatly prohibited, permit or not.
Sec. 42-253. - Burning refuse. It shall be unlawful and shall be deemed a public nuisance for any person to burn refuse except in incinerators permitted by the county and the director of public works. The burning of refuse which results in the mission of particulate matter, offensive, obnoxious or dangerous fumes or odors is a public nuisance and is prohibited. (Ord. No. 1620, § I, 2-1-05)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 102).
Full Breakdown
' The section then layers a second, unconditional bar on top of the permit path: burning that results in the emission of particulate matter or offensive, obnoxious or dangerous fumes or odors is declared a public nuisance and prohibited outright, so an incinerator permit does not protect an operator whose smoke or odor still reaches neighboring property. The section is grouped with § 42-251 (unauthorized refuse disposal) and § 42-252 (accumulation of inflammable or unsanitary refuse), both enacted by the same ordinance, Ord. No. 1620, § I, adopted February 1, 2005, together the division treats dumping, stockpiling, and burning trash as a single family of public-nuisance offenses. 00 fine, six months in jail, or both, with continuous violations counted day by day as separate offenses.
Violations & Fines
Burning refuse outside a county-and-public-works-permitted incinerator, or burning in a way that produces smoke, particulates or offensive odor even with a permit, is declared a public nuisance under § 42-253 and, because the section sets no separate civil sanction, defaults to the general penalty in § 1-5(c): a class one misdemeanor with up to $2,500.00 in fines, six months in jail, or both, assessed per day the nuisance continues.
Frequently Asked Questions
Can I legally burn yard waste or trash in Gilbert?
Does a permit protect me if my burn smokes into a neighbor's yard?
What's the penalty for illegal burning in Gilbert?
Sources & Official References
Other rules in Gilbert
How Gilbert compares: Cities with the Strictest Outdoor Burning Rules·Compare Gilbert to another location·View the Arizona fire regulations overview
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Outdoor Burning in Nearby Cities
How other cities in Maricopa County handle outdoor burning.