Port Orange, FL Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Port Orange, FL, 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
- Permit required
- Yes, from fire department, per burn
- Permit fee
- Set by city council resolution
- Excluded materials
- Appliances, furniture, lumber over 4 ft
- Enforcement authority
- Fire chief sets hours, can revoke permit
Summary
Open burning of trash and land-clearing debris in Port Orange requires a fire department permit issued only when weather, health and safety conditions allow safe burning. Garbage may not otherwise be burned or buried anywhere in the city, and burning outside a permit's terms can mean revocation, denial of future permits, and prosecution under the Code's general penalty.
(b)Conditions for open burning of trash and natural cover. Open burning of trash and natural cover (as a result of land clearing) may be permitted by the fire department when it is determined that: ... (c)Permit required. A burning permit must be secured from the fire department prior to each burn and shall be subject to such conditions as are imposed by the fire department pursuant to subsection (b) hereof. In addition to the offender being subject to punishment as provided in section 1-8, any violation of the conditions of the burn permit or of any provision of this section shall be cause for revocation of the permit and may be considered as a basis for denial of subsequent applications where such violations have been determined by the fire chief to have constituted a public hazard. A fee will be assessed for each permit as provided by resolution of the city council.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 43 | Land Development Code: Supplement 38).
Full Breakdown
Section 42-30 bars burning or burying garbage or other refuse anywhere in the city except as allowed by Section 42-31, which governs the burning of trash and ground cover. Section 42-31 defines 'trash' as accumulations of grass, tree, shrubbery or weed cuttings, pine needles and similar yard-care refuse, while carving out 'natural cover' (trees, brush, roots and other land-clearing byproducts) as a separate defined category; neither definition covers appliances, furniture, bedding, building materials, lumber or logs longer than four feet. Under subsection (b), the fire department may permit open burning of trash and natural cover from land clearing only after determining that weather conditions will let smoke and fire byproducts escape without hazard or nuisance to nearby residents, that the location, amount and nature of the material present no health or safety hazard, and the fire chief sets the hours during which burning may occur and must be extinguished.
Subsection (c) requires a burning permit from the fire department before each individual burn, subject to whatever conditions the department imposes, and a resolution-set fee applies to every permit issued. Any burn conducted outside a permit's conditions, or without a permit at all, is punishable under Section 1-8 and can also cause the fire chief to revoke the existing permit and deny future applications where the violation is found to have created a public hazard.
Violations & Fines
Burning without a permit, or violating the conditions the fire department attaches to one, is punishable under the Code's general penalty in Section 1-8: up to a $500.00 fine, up to 60 days in jail, or both. The fire chief can also revoke an existing burn permit for the violation and deny future permit applications where the conduct is found to have constituted a public hazard, on top of any criminal penalty imposed.
Frequently Asked Questions
Can I burn yard debris in my backyard in Port Orange?
What counts as 'trash' that can be burned under a permit?
What happens if I burn without a permit or break the permit's conditions?
Sources & Official References
Other rules in Port Orange
How Port Orange compares: Cities with the Strictest Outdoor Burning Rules·Florida rules heatmap·Compare Port Orange to another location·View the Florida fire regulations overview
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Outdoor Burning in Nearby Cities
How other cities in Volusia County handle outdoor burning.