Benton County, WA Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Benton County, WA, 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 sections
- BCC 3.16.036 through 3.16.039
- Automatic ban trigger
- Wind speeds over 20 mph
- Ban trigger
- Fire Danger Classification High/Very High/Extreme
- Classification cycle
- Set weekly, Wednesday through Tuesday
- Fall exception
- Sept 1-Nov 1 with 4 fire chiefs' approval
- First-offense penalty
- Civil penalty up to $500
- Applies to
- Unincorporated Benton County only
Summary
Unincorporated Benton County bans outdoor and agricultural burning whenever the Fire Marshal rates fire danger High, Very High or Extreme, whenever wind speeds top 20 mph, during any Red Flag Warning, or after a significant-resources burn ban notice, even if the Benton Clean Air Agency would otherwise allow the fire. BCC 3.16.036 through 3.16.039 set the classification system, notification duties and narrow permit exceptions behind the ban.
3.16.038 OUTDOOR BURNING AND AGRICULTURAL BURNING--WHEN PROHIBITED DUE TO FIRE DANGER. (a) Unless allowed by subsection (c) of this section, outdoor burning, even if permitted by the Benton Clean Air Agency, is prohibited under the following conditions due to fire danger: (1) During a period when the Fire Danger Classification is High, Very High or Extreme as determined by the Fire Marshal; (2) When wind speeds exceed 20 mph; (3) During any period in which a Red Flag Warning is in effect; or (4) When the Fire Marshal has issued notifications, as set forth in BCC 3.16.039(b), that a burn ban is in effect because of the deployment of significant local fire fighting resources.
Full Breakdown
94 and the Benton Clean Air Agency. The Fire Marshal sets a weekly Fire Danger Classification (low, moderate, high, very high or extreme) each Wednesday through Tuesday, based on the Energy Release Component from Fire Protection District No. 1 and the short-range weather forecast, and can raise but not lower that classification mid-week if conditions worsen. 038(a), burning is prohibited outright when the classification hits High, Very High or Extreme, when wind exceeds 20 mph, during any Red Flag Warning issued by the Pendleton, Oregon National Weather Service office, or after the Fire Marshal notifies the county that a burn ban is in effect because firefighting resources have been deployed elsewhere.
Agricultural burning gets a narrower ban, triggered only at the Extreme classification, wind over 20 mph, a Red Flag Warning, or a resource-deployment notice, and a farmer can still burn under an Agricultural Burn Exemption permit issued jointly by the Fire Marshal and the local fire district chief. Between September 1 and November 1 each year, otherwise-prohibited outdoor burning can proceed with the written permission of at least four fire chiefs. 039 require the Fire Marshal to notify every fire protection district, the Benton Clean Air Agency, Benton County Emergency Management, at least two television stations, one print outlet and one radio station in writing.
Violations & Fines
Burning in violation of the Chapter 3.16 restrictions carries the same penalty as any other fire code violation under BCC 3.16.045: a civil penalty of up to $500 for a first offense, plus court costs and restitution for damage caused by the fire. A second violation of the same burning restriction is prosecuted as a misdemeanor, and the county can seek an injunction under BCC 3.16.050 to stop repeat burning and recover its costs.
Frequently Asked Questions
When is outdoor burning banned in unincorporated Benton County?
Can I still burn agricultural waste during a fire danger ban?
Who does the Fire Marshal notify when a burn ban starts?
Is there a fall exception to the outdoor burning ban?
Sources & Official References
Other rules in Benton County
How Benton County compares: Cities with the Strictest Outdoor Burning Rules·Compare Benton County to another location·View the Washington fire regulations overview
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