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Milwaukee County, WI Fire Regulations: Outdoor Burning (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Outdoor burning rules in Milwaukee County, 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

Primary authority
WI DNR NR 429 + municipal code
County burn permits
None - DNR/municipal only
Allowed materials
Small dry rubbish, leaves, clippings
Always prohibited
Garbage, plastic, oily, treated wood
Urban reality
Most cities ban residential burning

Summary

Open burning in Wisconsin is regulated by the DNR under NR 429 and by each municipality, not by Milwaukee County. NR 429.04 allows only small amounts of dry rubbish, leaves, and clippings unless a local ordinance bans it. Most urban municipalities prohibit residential burning.

City-specific rules exist: Milwaukee, Wauwatosa, and West Allis have their own outdoor burning rules that differ from Milwaukee County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Burning of small amounts of dry leaves and dry plant clippings except where prohibited by local ordinance.

Full Breakdown

Outdoor open burning in Wisconsin is controlled by DNR air-quality rules in Wis. Admin. Code ch. NR 429 plus each municipal ordinance. Milwaukee County does not issue residential burn permits; that rests with the DNR and the municipal fire department or clerk. NR 429.04(1) permits burning small amounts of dry combustible rubbish, excluding wet rubbish, garbage, oily substances, plastic, and rubber, and small amounts of dry leaves and clippings except where prohibited by local ordinance. Allowed burning must be safe and in conformance with local and state fire regulations. Because the county is densely urban, most municipalities, including Milwaukee, ban residential yard-waste burning. Burning trash, plastics, and treated wood is prohibited statewide.

Violations & Fines

DNR open-burning violations under NR 429 can trigger state air-quality penalties, and municipal fire codes impose their own fines. Milwaukee County only enforces fire rules on its parks and parkways (Ordinance 47.05, forfeiture up to $100).

Frequently Asked Questions

Can I burn leaves in Milwaukee County?
State rule NR 429.04 allows small amounts of dry leaves and clippings except where prohibited by local ordinance, but most urbanized municipalities ban it. Check your city, village, or town first.
Does Milwaukee County issue burn permits?
No. Open-burning authority rests with the DNR under NR 429 and with each municipality. The county only governs fires on its own parks and parkways.

Sources & Official References

Other rules in Milwaukee County

All Milwaukee County rules

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

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Outdoor Burning in Cities Across Milwaukee County