Skip to main content
CityRuleLookup

Gwinnett County, GA Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Gwinnett County, GA, 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

Land-clearing permit
30 days, two 15-day extensions
Pit-fire distance
300 ft from occupied structures
Yard-debris burn
50 ft from structure, 25 ft from line
Wind limit
No burning above 15 mph
Timing ban
No Sunday or nighttime burning
Enforcing agency
County fire marshal's office
First-offense fine
$250 minimum

Summary

Open burning in unincorporated Gwinnett County runs through the fire marshal's office: land-clearing pit fires need a 30-day burn permit, while yard-debris, warming, cooking, and bonfire burns are allowed without a permit only if they meet strict size and distance limits. All burning is banned outright on Sundays, at night, in winds over 15 mph, and during a Red Flag Warning.

These county ordinances apply to unincorporated areas of Gwinnett County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(d)Burning restrictions. The following rules govern all burning in the county, whether or not a written permit is required:(1)The fire marshal's office may temporarily prohibit any and/or all outdoor fires when atmospheric conditions or local circumstances make such fire hazardous.(2)No burning is permitted on Sundays or nights. Burning at construction sites for the clearing of land for new development shall not be conducted before or after daylight hours. Exception: Compliant bonfires, cooking fires, and recreational fires in chimineas and outdoor fireplaces may be burned on Sunday and at night provided all other criteria and restrictions are applied. (3)No burning is permitted when prevailing winds are predicted to be, or are in excess of 15 miles per hour.(4)No burning is permitted when the National Weather Service has issued a "Red Flag Warning." Burning shall be limited or prohibited as conditions warrant, when the National Weather Service has issued a "Fire Weather Watch."

Source: Georgia EPD Open Burning Rules (Rule 391-3-1-.02(5))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 9).

Full Breakdown

Section 42-46 splits outdoor burning into three tracks. Land-clearing pit fires at development sites need a written permit from fire plan review: the applicant submits a plat showing the burn pit's location, pays the fee set by the county land development and other services fee schedule, and passes a pre-burn site inspection. An approved permit is valid for 30 days and can be extended twice in 15-day increments at no extra cost. Pits must sit at least 300 feet from any occupied structure, only wood waste, untreated lumber, trees, stumps, leaves, and brush may be burned, and air curtain destructors must run under a trained operator with no more than 40 percent smoke opacity.

Vegetation, warming, cooking, and recreational fires do not need a written permit but still carry hard numbers: yard debris burns must stay 50 feet from a structure and 25 feet from a property line (25 feet from a structure if the pile is under three feet across and two feet high); warming fires must burn in a 55-gallon-or-smaller metal barrel at least 50 feet from any structure when it is 50 degrees or colder; and bonfires need a no-fee permit, and must sit at least 50 feet from a structure for piles up to four cubic feet, and 100 feet for piles up to five cubic feet.

Section 42-46(d) then layers county-wide restrictions on top of every category: no burning on Sundays or at night (bonfires, cooking, and chiminea fires are exempted from the night rule), none when winds are forecast above 15 mph, none during a National Weather Service Red Flag Warning or air pollution alert, none within 20 feet of flammable or explosive material, and no burning of household garbage or anything producing heavy dark smoke. Every fire, permitted or not, must be constantly attended with a garden hose or other extinguishing equipment on hand.

Violations & Fines

Outdoor burning violations fall under Chapter 42's fire-code penalty in § 42-22: a minimum $250 fine for a first offense, $500 minimum for each later one, up to $1,000 per day, up to 60 days in jail, or both, with each day of noncompliant burning treated as a separate offense. The fire marshal's office can summarily abate any burn that threatens life or property and can revoke a burn permit outright, in which case the fire must be extinguished immediately.

Frequently Asked Questions

Do I need a permit to burn yard debris in Gwinnett County?
No, as long as you keep the pile at least 50 feet from any structure and 25 feet from a property line (25 feet from a structure if the pile is under three feet across), keep it small enough to control, and follow the county's general burning restrictions on timing and weather.
When is outdoor burning banned outright in Gwinnett County, even with a permit?
Section 42-46(d) bans all burning on Sundays and at night, when wind is forecast above 15 mph, during a National Weather Service Red Flag Warning or air pollution alert, and within 20 feet of flammable or explosive material. Bonfires, cooking fires, and chiminea fires are the only types exempted from the night-burning ban.
How long does a land-clearing burn permit last?
An approved pit-fire permit for clearing a development site is valid for 30 days from the inspection of the burn pit and can be extended twice in 15-day increments without an additional fee, giving a maximum burn window of 60 days.
What happens if I burn without following these rules?
It is a fire-code violation under § 42-22: a minimum $250 fine for a first offense, at least $500 for later violations, up to $1,000 per day, up to 60 days in jail, or both. The fire marshal's office can also summarily abate the fire and revoke any permit on the spot.

Sources & Official References

Other rules in Gwinnett County

All Gwinnett County rules

How Gwinnett County compares: Cities with the Strictest Outdoor Burning Rules·Compare Gwinnett County to another location·View the Georgia fire regulations overview

Get notified when Outdoor Burning in Gwinnett County, GA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.