Nicholasville, KY Fire Regulations: Outdoor Burning (2026)

Open burning inside Nicholasville falls under section 8-41.4.1 for residential burning and section 8-41.4.2 for land clearing. Section 8-41 adopts the Kentucky Standards of Safety (Fire Prevention Code) in full, and section 8-41.1 designates the Nicholasville fire chief or a designee as the local enforcement agent.

For residential burning, subsection (a) requires the material ignited to meet 401 KAR 63.005. Subsection (b) allows no open burning unless it is a fire Class 1 or Class 2 day designated by the Kentucky Division of Forestry; the classification is available from the Nicholasville fire department or the Jessamine County central communications center. Subsection (d) requires a permit from the fire department before anyone starts or has an open fire, and the permit states the address, the owner of the premises, the person starting the fire and the person responsible for attending it. The fire department can suspend or cancel the permit at any time when necessary to protect life, property or air quality, and there is no charge for it. Subsection (l) bars fires before 8:00 a.m. or after 6:00 p.m., with fire department discretion during the Forest Service burn season, when burning is permitted only from 6 p.m. to 6 a.m.

The section adds further limits. Only naturally occurring vegetation or untreated wood products can burn (subsection (f)). The fire must sit wholly within an incinerator, outside fireplace, grill or other approved receptacle (subsection (g)), stay within four feet in diameter by three feet high (subsection (i)), and stay twenty-five feet in all directions from any structure, fence or property line (subsection (j)). A competent adult must attend it with an extinguisher or garden hose at hand (subsection (k)). Subsection (c) exempts cooking, recreational and ceremonial fires in a suitable container under continuous supervision.

Land clearing under section 8-41.4.2 needs its own fire department permit, issued only after a site inspection. The burn must sit within an open pit or trench cleared of vegetation within twenty-five feet on all sides and excavated down to mineral soil. A pile cannot exceed twenty-five feet in diameter by ten feet high, only one pile burns at a time, material hauled in from other locations is strictly prohibited, and no burning is allowed within fifty yards of any structure, fence or property line, roadway, brush lands or woodlands.