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Milton, WI Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Milton, WI, 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
Milton Code § 50-33
Default rule
All open burning prohibited
Burn ban authority
Fire chief or DNR
First offense fine
$25.00 to $250.00
Repeat offense
Penalty doubled
Outdoor wood furnaces
Prohibited outright

Summary

Open burning, outdoor burning and refuse burning are banned everywhere in the City of Milton, Wisconsin unless Section 50-33 specifically permits it. Even permitted yard-debris burning shuts down whenever the fire chief or the DNR issues a burning ban.

(e)General prohibition on open burning, outdoor burning and refuse burning. Open burning, outdoor burning and refuse burning are prohibited in the city unless the burning is specifically permitted by this section. ... (g)Open burning of leaves, brush, clean wood and other vegetative debris. Open burning of leaves, weeds, brush, stumps, clean wood other vegetative debris is allowed only in accordance with the following provisions:(1)All allowed open burning shall be conducted in a safe nuisance free manner, when wind and weather conditions are such as to minimize adverse effects and not create a health hazard or a visibility hazard on roadways, railroads or airfields. ... (2)Except for barbecue, gas and charcoal grills, no open burning shall be undertaken during periods when either the fire chief or the state department of natural resources has issued a burning ban applicable to the area.

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 21 Update 2).

Full Breakdown

Section 50-33 of the Milton Code, adopted by Ordinance No. 205 in 2004 within Chapter 50 Offenses, opens with a blanket prohibition: open burning, outdoor burning and refuse burning are prohibited in the City of Milton unless specifically permitted by the section. The prohibition covers open fires, outdoor wood furnaces and refuse burning but exempts charcoal, wood, propane or natural gas grilling and cooking appliances, indoor stoves, furnaces or fireplaces burning non-refuse fuel, and propane, acetylene, natural gas, gasoline or kerosene used in heating, construction or maintenance equipment.

Where burning of leaves, weeds, brush, stumps or clean wood is allowed at all, Section 50-33(g) attaches conditions: it must be conducted in a safe, nuisance-free manner accounting for wind and weather so it does not create a health or visibility hazard on roadways, railroads or airfields, and it must conform to state and local fire protection rules. Critically, subsection (g)(2) suspends even permitted open burning during any burning ban issued by either the fire chief or the Wisconsin Department of Natural Resources, with the narrow exception of barbecue, gas and charcoal grills.

Outdoor wood furnaces are prohibited outright under subsection (i). Named prohibited materials under subsection (f) include rubbish, garbage, treated or painted wood, plastics, rubber, asphalt and recyclable paper and cardboard, unless DNR has given specific written approval. The fire chief and police department jointly enforce the section.

Violations & Fines

Violating any part of Section 50-33, including burning during an active burn ban or burning prohibited materials, carries a forfeiture of not less than $25.00 nor more than $250.00 plus the cost of prosecution. The penalty doubles for a second or subsequent offense. The fire chief or an authorized city representative may enter and inspect property to check compliance.

Frequently Asked Questions

Is any open burning legal in the City of Milton, Wisconsin?
Only if Section 50-33 specifically permits it. The default rule in subsection (e) bans open burning, outdoor burning and refuse burning citywide, and permitted categories like yard-debris burning still carry conditions on manner, materials and location.
Can Milton stop burning even on days it is normally allowed?
Yes. Section 50-33(g)(2) suspends allowed open burning, except for barbecue, gas and charcoal grills, whenever the fire chief or the Wisconsin DNR has issued a burning ban applicable to the area.
What is the fine for illegal burning in Milton?
A forfeiture of $25.00 to $250.00 plus court costs for a first offense under Section 50-33(n), doubled for a second or subsequent violation. The fire chief and police department both have enforcement authority.

Sources & Official References

Other rules in Milton

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

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