Outdoor burning rules in Santa Clara County, CA โ also called the burn ban, open burning, or fire restriction ordinance โ set when you can burn yard waste, debris, or run a recreational fire.
Residential pile/open burning in unincorporated Santa Clara County (a State Responsibility Area) requires both a CAL FIRE residential burn permit and a Bay Area Air District permit, and is allowed only on permissive burn days. Burning is frequently suspended entirely during fire season and drought years.
Unincorporated Santa Clara County lies almost entirely within a State Responsibility Area (SRA) - defined as anywhere in the county that is not within an incorporated city or town - where CAL FIRE (Santa Clara Unit) and the county fire agencies have wildfire jurisdiction. To conduct residential pile burning of yard vegetation, a property owner must hold a CAL FIRE residential burn permit (free, applied for at burnpermit.fire.ca.gov, valid for the calendar year and renewed annually) AND a Bay Area Air Quality Management District (BAAQMD) Regulation 5 open-burning permit, which charges a fee based on the volume of material. Burning is allowed only on 'permissive burn days' declared by BAAQMD when atmospheric conditions allow smoke to disperse; the FireSafe Council notes burns are usually allowed roughly between November and May, generally 9 a.m. to 3 p.m. with full extinguishment by sunset. Recommended practice limits piles to about 4 ft by 4 ft, spaced 15-20 feet apart, with at least 10 feet of clearance to bare soil and a water source on hand; treated wood, poison oak, and trash may not be burned. During declared CAL FIRE or county burn bans, all outdoor burning - open fires, campfires, and charcoal fires - is prohibited, though propane/gas stoves and fire pits remain allowed. Burning landscape or construction debris in a barrel or pile without permits is prohibited.
Burning without the required CAL FIRE and BAAQMD permits, on a non-burn day, or during a burn ban is unlawful and enforced by CAL FIRE / the county fire marshal and the Air District. Escaped fires can create civil and criminal liability for suppression costs and damage.
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