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Martin County, FL Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Martin County, FL, 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

Permit required
Yes, from local fire station
Permit hours
9:00 a.m. to 5:00 p.m.
Yard-waste setback
50 ft from structure, or 15 ft in waste burner
Max burn size (waste burner)
8 ft by 8 ft
Exempt
Attended noncommercial food-prep fires
Enforcing agency
Martin County Fire Rescue

Summary

Open burning is illegal in unincorporated Martin County without a written burning permit from the local fire station, and permits only run 9 a.m. to 5 p.m. unless the Fire Rescue Chief extends the window.

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

It shall be unlawful for any person, firm, corporation or association to start or maintain any fire outside of any structure or authorize any such fire to be started or maintained on any land in the unincorporated area of Martin County without first obtaining a Martin County burning permit, except where allowed under agreement with other authorized permitting agencies. The permit must be issued in writing from the fire station in which district the fire is to occur. The permit will be valid between 9:00 a.m. and 5:00 p.m. The Fire Rescue Chief or designee may extend the period for the permit when no fire hazard or nuisance to the life or property of any person will be created by such extension.

Source: Martin County Code of Ordinances & Land Development Regulations (Municode)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 62 | Land Development Regulations: Supplement 62).

Full Breakdown

Sec. A of the Martin County Code of Ordinances (Chapter 79, Fire Prevention and Protection, Article 3, Martin County Burning Permit) makes it unlawful for any person, firm, corporation or association to start or maintain a fire outside of a structure anywhere in the unincorporated area without first getting a Martin County burning permit, unless another authorized permitting agency has an agreement in place. , though the Fire Rescue Chief or a designee can extend that window if the extension will not create a fire hazard or nuisance.

Sec. B carves out an exception for noncommercial food preparation fires that are no larger than needed and are constantly attended by an adult until extinguished, and Sec. C exempts any burning already permitted by the Florida Forest Service. Sec. 63 sets the conditions once a residential yard-waste burning permit is issued: the fire must sit at least 50 feet from any structure with provisions to stop it spreading, or be contained in a waste burner at least 15 feet from any structure and no larger than eight feet by eight feet; it must be constantly attended by an adult with a connected garden hose or comparable extinguishing equipment on hand; and it cannot create a hazard or nuisance from sparks, ash, smoke or odor.

Sec. 65 lets the Fire Rescue Chief restrict or suspend all permitted burning countywide or in part of the county when weather or local conditions make fires hazardous, and that restriction overrides any permit already issued. Sec. 64 makes anyone responsible for a nonstructure fire that grows into a major hazard liable to the county for the cost of extinguishing it, per a fee schedule the Board of County Commissioners sets by resolution.

Violations & Fines

Starting or maintaining an open fire in unincorporated Martin County without a valid written burning permit, or burning outside the permitted 9 a.m. to 5 p.m. window without an extension, violates Sec. 79.62.A. A person responsible for an unpermitted or uncontrolled nonstructure fire that requires Fire Rescue to extinguish it becomes liable under Sec. 79.64 for the county's full extinguishment costs, billed per a resolution-set fee schedule, and can face reduction or elimination of that charge only through a written policy approved by the Board of County Commissioners.

Frequently Asked Questions

Do I need a permit to burn yard waste in unincorporated Martin County?
Yes. Sec. 79.62.A requires a written burning permit from the fire station covering your district before starting any fire outside a structure, and Sec. 79.63 adds conditions like a 50-foot setback from structures or use of an approved waste burner at least 15 feet away.
Can Martin County stop all burning even if I already have a permit?
Yes. Sec. 79.65 lets the Fire Rescue Chief or a designee restrict or suspend permitted burning countywide or in part of the county when weather or local conditions make fires hazardous, and that restriction overrides any permit already issued.
Is a backyard cookout fire exempt from the Martin County burning permit?
Sec. 79.62.B exempts noncommercial food preparation fires from the permit requirement, provided the fire is no larger than necessary for the food being prepared and is constantly attended by an adult until it is fully extinguished.

Sources & Official References

Other rules in Martin County

All Martin County rules

How Martin County compares: Cities with the Strictest Outdoor Burning Rules·Florida rules heatmap·Compare Martin County to another location·View the Florida fire regulations overview

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