Montgomery, AL Fire Regulations: Outdoor Burning (2026)

Section 13-9(b) of the Montgomery City Code declares it unlawful to kindle, start, maintain, or otherwise produce or propagate any open fire anywhere in the city without first getting a burn permit from the city fire department, and equally unlawful to run a permitted fire without following every condition the permit sets. 'Open fire' is defined in § 13-9(a) as combustion of any material not contained in a steel, metal, or masonry receptacle built to hold fire, if it emits smoke, ash, or gas straight into the air without passing through a stack, duct, or chimney first.

The fire chief or designee issues burn permits under § 13-9(e), setting the effective time window, the burn location, and any conditions needed to protect life and property, covering weather restrictions, required safety equipment, and minimum distance from combustible buildings, vegetation, dense population, or heavily traveled roads; the chief can deny a permit outright if the burn looks like a safety hazard. The ordinance carves out two things that aren't violations: a properly contained recreational or cooking fire under § 13-9(d)(1), and any fire covered by a valid burn permit under § 13-9(d)(2). 00 or up to six months, with the one-year clock measured from each prior conviction date, not the date of the underlying fire.