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Marietta, GA Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Marietta, 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

Governing section
Code § 2-6-120
State rule incorporated
GA EPD Rule 391-3-1-.02(5)
Enforcing agency
Marietta Fire Marshal's Office
Penalty clause
§ 2-6-080, fine per § 11-4-080
Correction period
30 days before daily fines

Summary

Open burning is prohibited within Marietta city limits under Code § 2-6-120, which incorporates Georgia EPD Rule 391-3-1-.02(5) by reference for exemptions. The city clerk keeps that state regulation on file for public review. Violators face fire code penalties under § 2-6-080, including citation and daily separate offenses until corrected.

Open burning is prohibited, with certain exemptions, in the city. The provisions of Section 391-3-1-.02(5) of the regulations promulgated by the Georgia Environmental Protection Department under the Georgia Air Quality Act, as amended from time to time are adopted and incorporated herein by reference. A copy of said regulation shall be kept on file by the city clerk for inspection by the public.

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 56).

Full Breakdown

Marietta's fire prevention code addresses open burning in Chapter 2-6, the same chapter that creates the fire marshal's office and enforces the fire prevention code citywide. 02(5) of the regulations the Georgia Environmental Protection Department promulgated under the Georgia Air Quality Act. The city does not restate the EPD's exemption list in its own code; instead, § 2-6-120 requires the city clerk to keep a copy of that state regulation on file for public inspection, so a resident checking which fires qualify for an exemption has to consult the filed EPD rule, not a separate municipal exemption list.

Enforcement runs through the fire marshal's office created in § 2-6-030, which enforces the fire prevention code citywide, with deputies and delegates authorized to issue citations returnable to Marietta Municipal Court. The general penalty clause for the whole fire prevention chapter, § 2-6-080, applies: a person cited for an open burning violation can be prosecuted after a citation from a Marietta fire department or police officer, and on conviction faces a fine or imprisonment set by § 11-4-080. One conviction does not excuse a continuing violation; the code gives the violator 30 days to correct or remedy the condition, and each day the violation continues after that is treated as a separate offense.

The chapter also allows the city to treat a continuing violation as a nuisance and seek an injunction in Cobb County Superior Court, on top of any citation.

Violations & Fines

Open burning without a qualifying EPD exemption is enforced under the general fire code penalty in § 2-6-080: a citation from a Marietta fire or police officer, prosecution in municipal court, and on conviction a fine or imprisonment set by § 11-4-080. The violation continues daily until corrected, with each day counted as a separate offense, and the city may also seek a nuisance injunction in Cobb County Superior Court.

Frequently Asked Questions

Is open burning ever allowed in Marietta?
Section 2-6-120 prohibits open burning in the city but adopts certain exemptions from Georgia EPD Rule 391-3-1-.02(5) by reference. The city clerk keeps a copy of that regulation on file for public inspection, so the exact exempted activities are defined by the state rule the city adopted, not by separate city text.
Who enforces the open burning ban?
The fire marshal's office, established under § 2-6-030 within the Marietta Fire Department, enforces the fire prevention code citywide. Its deputies and authorized delegates can issue citations for open burning violations, and those citations are returnable to Marietta Municipal Court under § 2-6-030(E).
What happens if I don't put out an illegal fire after being cited?
Under § 2-6-080, you get 30 days to correct or remedy a fire code violation after conviction, but each day the violation continues past that is treated as a separate offense. The city can also pursue a nuisance injunction in Cobb County Superior Court alongside any criminal citation.

Sources & Official References

Other rules in Marietta

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

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