Melbourne, FL Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Melbourne, 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 exemption
- Cooking and small recreational fires
- Permit issuer
- Fire chief or designee
- Burn-ban trigger
- Hazardous atmospheric/local conditions
- Governing code
- Florida Fire Prevention Code, adopted by reference
- Appeals body
- Fire prevention board of adjustment and appeals
Summary
Melbourne requires a fire chief-issued permit for any outdoor fire except cooking and small recreational fires, and gives the chief standing authority to prohibit open burning outright whenever weather or local conditions make it hazardous.
Permits are required for all outdoor fires, with the exception of cooking and small recreational fires. Permits will be issued by the fire chief or his designee. The fire chief shall have the authority to prohibit an open fire when atmospheric conditions or local circumstances make such a fire hazardous. Prior to issuance of a permit for an open fire, an applicant must meet the conditions outlined in the Florida Fire Prevention Code.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 32).
Full Breakdown
Sec. 28-47, applied "in accordance with the Florida Fire Prevention Code," governs open fires, incinerators and commercial fireplaces citywide. It requires a permit for all outdoor fires other than cooking and small recreational fires, and assigns permitting authority to the fire chief or a designee. The same section gives the chief discretionary burn-ban power: he "shall have the authority to prohibit an open fire when atmospheric conditions or local circumstances make such a fire hazardous," which is how the city halts backyard and land-clearing burning during drought, high winds, or a burn-ban declaration without needing a separate ordinance each time.
Before a permit issues, the applicant must meet the conditions in the adopted Florida Fire Prevention Code (current edition, administered by the State Fire Marshal and adopted by the city under Sec. 28-44), which covers site clearance, supervision, and extinguishment equipment for a permitted open fire. Melbourne's fire prevention board of adjustment and appeals, comprised of the same members as the planning and zoning board (Sec. 28-45), hears appeals of fire code determinations, including a denied or revoked open-fire permit.
Violations & Fines
Burning without a required permit, burning during a chief-declared prohibition, or violating permit conditions is a Fire Prevention Code violation enforced by the fire department and code compliance division; absent a more specific penalty in the adopted Fire Prevention Code, general Code violations are punished under Sec. 1-14 with a fine up to $500.00, up to 60 days imprisonment, or both, with each day of continued violation a separate offense.
Frequently Asked Questions
Does Melbourne require a permit to burn yard debris in the backyard?
Can Melbourne stop open burning citywide during dry conditions?
Who decides whether an open-fire permit application is approved?
Sources & Official References
Other rules in Melbourne
How Melbourne compares: Cities with the Strictest Outdoor Burning Rules·Florida rules heatmap·Compare Melbourne to another location·View the Florida fire regulations overview
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Outdoor Burning in Nearby Cities
How other cities in Brevard County handle outdoor burning.