New Berlin, WI Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in New Berlin, 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
- General rule
- No open burning without a permit
- Permitted burning days
- Wed-Sat, seasonal windows Apr 1-May 15, Oct 1-Nov 15
- Max pile size
- 4 ft x 4 ft x 3 ft
- Burn cutoff time
- Half hour after sunset
- First violation fine
- $224.80 plus court costs
- Suspension authority
- Mayor or Fire Chief
Summary
New Berlin bans burning anything outside a building unless a City permit allows it, and even permitted grass, leaf and brush burning is confined to Wednesdays through Saturdays each week, within set spring and fall windows, under Section 124-12 L. Violations start at $224.80 plus court costs.
Except as hereinafter provided, no person shall burn, cause to be burned or permit to burn any fire outside of a building. Both the person igniting such fire and the owner of lands upon which such fire may occur shall be equally responsible for compliance with the requirements of this subsection. ... Subject to the issuance of a permit by the City of New Berlin, grass, fallen leaves, brush or similar vegetative materials may be burned, except in areas excluded by municipal deed restriction (i.e., industrial parks), only Wednesdays through Saturdays during the periods of April 1 through May 15 and October 1 through November 15, and only on Wednesdays and Saturdays during the remainder of the year. ... Any person who shall violate any provisions of this subsection or any regulation made hereunder shall be issued a citation with the forfeitures started at $224.80 plus court costs for the first violation and $338.20 plus court costs for subsequent violations.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).
Full Breakdown
Section 124-12 L(1) prohibits burning, causing to burn, or permitting to burn any fire outside a building, holding both the person who lights it and the landowner equally responsible. Subsection L(2) then opens a narrow permit-based exception: with a City-issued burning permit displayed at the site, grass, fallen leaves, brush or similar vegetative material may be burned, except in areas excluded by municipal deed restriction such as industrial parks, only on Wednesday through Saturday during April 1 through May 15 and October 1 through November 15, and only on Wednesday and Saturday the rest of the year.
No burning is ever allowed in barrels or containers, and each open pile is capped at four feet by four feet by three feet high. 10, Wis. Adm. Code. The Mayor or Fire Chief may suspend all burning, or add restrictions, whenever atmospheric or other conditions make it necessary, and no burning is allowed under any circumstances if the smoke substantially and offensively interferes with a neighbor's comfortable enjoyment of life, as measured by ordinary New Berlin residents.
Violations & Fines
Section 124-12 L(7) sets the penalty for any violation of the open-burning subsection at a citation starting at $224.80 plus court costs for a first offense, rising to $338.20 plus court costs for a subsequent violation. The City's general citation schedule separately lists a $130 base deposit for a first open-burning offense and $220 for repeat offenses within a year, payable to the Chief of Police before the scheduled court date.
Frequently Asked Questions
Can I burn leaves or brush in my New Berlin yard?
What time of day can I burn in New Berlin?
What's the fine for illegal open burning in New Berlin?
Sources & Official References
Other rules in New Berlin
How New Berlin compares: Cities with the Strictest Outdoor Burning Rules·Compare New Berlin to another location·View the Wisconsin fire regulations overview
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Outdoor Burning in Nearby Cities
How other cities in Waukesha County handle outdoor burning.