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New Orleans, LA Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in New Orleans, LA, 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

Default rule
Outdoor burning of waste is prohibited
Permitted exception
Land-clearing burns meeting 307.1.1.1
Minimum dwelling setback
1,000 feet (unless air-curtain incinerator)
Allowed burn hours
8:00 a.m. to 1 hour before sunset
Permit required
Yes, under § 105.6.32
Max penalty
$500 fine / 6 months, per-day violations

Summary

New Orleans prohibits outdoor burning of waste or other combustible material by default, allowing it only in the narrow situations the Fire Prevention Code enumerates, and only where it creates no public nuisance and complies with air-control and other governing regulations.

307.1.1 Prohibited open burning. Outdoor burning of waste material or other combustible material is prohibited unless conducted in the situations enumerated in Section 307.1.1.1 if no public nuisance is or will be created and if the burning is not prohibited by and is conducted in compliance with other applicable laws and with regulations and orders of governmental entities having jurisdiction, including air control regulations and orders. The authority to conduct outdoor burning under this code does not exempt or excuse the person responsible from the consequences of or the damages or injuries resulting from the burning. Said responsible person, or a duly authorized representative, must be present at the site of the burning while the burning is being conducted.

Source: Louisiana DEQ Open Burning Regulations LAC 33:IIIView 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 116 Update 1).

Full Breakdown

1, is conducted without creating a public nuisance, and complies with other applicable laws, regulations and orders of governmental entities with jurisdiction, including air-control regulations. Even where burning is authorized, the code does not excuse the responsible person from liability for any damage or injury the fire causes, and that person or an authorized representative must stay on site while the burning is underway. and one hour before sunset, and it does not create a traffic hazard. 4 requires that permitted burning occur at least 1,000 feet from any dwelling or structure, with a narrower exception for approved air-curtain incinerators or fireboxes.

Violations & Fines

Kindling or maintaining an outdoor fire without the required Section 105.6.32 operational permit, burning outside the narrow land-clearing conditions of Section 307.1.1.1, or burning within 1,000 feet of a dwelling without qualifying equipment violates the Fire Prevention Code. General violations are punishable under Section 109.4 by a fine of up to $500 or up to six months imprisonment, with each day of a continuing violation after notice treated as a separate offense.

Frequently Asked Questions

Is it legal to burn yard waste in New Orleans?
Only in narrow circumstances. Section 307.1.1 prohibits outdoor burning of waste or combustible material by default, and Section 307.1.1.1 allows burning of trees, brush and grass only as part of a permitted land-clearing operation that meets firewatch, timing and wind-direction conditions.
Do I need a permit to have an open fire?
Yes. Section 105.6.32 requires an operational permit to kindle or maintain any open fire on public or private ground, and the instructions and stipulations attached to that permit must be strictly followed.
How far from houses must a permitted burn be?
Section 307.4 requires permitted burning to occur at least 1,000 feet from any dwelling or structure, though burning conducted with an approved air-curtain incinerator or firebox may be done at lesser distances.
What hours can land-clearing burns happen?
Section 307.1.1.1 limits permitted land-clearing burns to between 8:00 a.m. and one hour before sunset, with pile sizes kept small enough to burn completely within that window, unless an approved air-curtain incinerator or similar equipment is used.

Sources & Official References

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