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Rochester Hills, MI Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Rochester Hills, MI, 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

Governing section
Fire Code § 307.6.3 (adopted by § 58-58)
Default rule
Open burning prohibited without a permit
Permitted burns
Silvicultural, wildlife-management, pest-control only
Who may apply
Landowner only
Contractor requirement
Licensed, insured prescribed-burn contractor
Penalty
Municipal civil infraction, fine per § 54-200

Summary

Rochester Hills bans open burning outright unless the fire code official issues a permit first. The Fire Code amendment adopted under City Code Section 58-58 defines open burning as burning paper, brush, leaves, construction debris and similar unwanted material where smoke escapes directly into the air, and it limits permits to recognized silvicultural, wildlife-management or pest-control burns conducted by the landowner.

307.6.2.1 Open Burning. The burning of unwanted materials such as paper, trees, stumps, brush, leaves, grass, construction materials, rubbish and other debris where smoke and other emissions are released directly into the air. ... 307.6. ... 3.1 Prohibited Open Burning. Open burning is prohibited without the issuance of a permit authorized by the fire code official. 307.6.3.2 Permit Required. A permit shall be obtained from the fire code official prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests. Application for such approval shall only be presented by and permits issued to the owner of the land on which the fire is to be kindled. ... 307.6. ... 11 Violations. Any violation of these open burning, recreational fire, the use of portable outdoor fireplaces and the preparation of mortar fire regulations shall be a municipal civil infraction subject to fines as prescribed in Section 54-200 of this code. The fire department may void the permit and prevent the issuance of any further permits.

Full Breakdown

The prohibition sits inside Section 58-58(b)'s rewrite of International Fire Code Section 307, which the City adopted wholesale as 'The Fire Code of the City of Rochester Hills.' Open burning is defined broadly, covering paper, trees, stumps, brush, leaves, grass, construction materials, rubbish and any other debris burned in a way that sends smoke and other emissions straight into the air, and Section 307.6.3.1 prohibits every bit of it unless the fire code official has issued a permit first. Permits are not available to the general public for routine debris burning; Section 307.6.3.2 limits them to recognized silvicultural, range or wildlife-management practices, or work to prevent or control disease or pests, and only the owner of the land where the fire will be kindled can apply.

Once issued, the actual burning has to be carried out by a licensed and insured prescribed-burn contractor under Section 307.6.3.3, not by the landowner personally. Section 307.6.8 lets the code official refuse to allow burning when atmospheric conditions aren't conducive, and Section 307.6.9 requires any approved fire to be constantly attended with a portable extinguisher rated at least 4-A, or comparable equipment such as a garden hose or water barrel, on hand the whole time. If someone burns without a permit, or violates the terms of the one they have, Section 307.6.10 lets the fire department order the fire extinguished, and if the person can't put it out themselves, department crews will do it.

Separately, Section 307.6.6 allows open burning to warm sand or water for mixing mortar on a construction site, but that too needs its own permit issued to the contractor.

Violations & Fines

Burning without a permit, or outside a permit's terms, is a municipal civil infraction under Section 307.6.11 of the amended fire code, with fines set in Code Section 54-200. Beyond the fine, the Fire Department can order the fire extinguished on the spot, void the offender's existing burn permit, and refuse to issue further permits to that person.

Frequently Asked Questions

Can I burn yard debris or leaves in my backyard in Rochester Hills?
No. Section 307.6.3.1 of the amended fire code prohibits open burning, defined to include burning leaves, brush, grass and construction debris, unless the fire code official has issued a permit first, and ordinary yard-waste burning doesn't qualify for one.
Who can get an open burning permit in Rochester Hills?
Only the owner of the land where the fire will be kindled, and only for recognized silvicultural, range or wildlife-management practices or to control disease or pests; the burn itself must then be carried out by a licensed and insured prescribed-burn contractor under Section 307.6.3.3.
What happens if I'm caught open burning without a permit?
It's a municipal civil infraction with a fine set under Code Section 54-200. The Fire Department can also order the fire put out immediately, and under Section 307.6.11 it may void any permit you hold and refuse to issue you another one.

Sources & Official References

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