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Salem, OR Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Salem, OR, 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
SRC 58.334
Prohibited materials
garbage and yard-cleanup debris
Coverage area
entire corporate City limits
Burn ban trigger
95°F, 30% humidity, or 15 mph wind
Max infraction fine
$250 per day
Civil penalty ceiling
$2,000 per violation

Summary

Salem outlaws open burning of garbage or yard-cleanup debris anywhere inside city limits under SRC 58.334, with no residential burn permit offered. The Fire Code Official can also declare a broader recreational-fire ban whenever hot, dry or windy weather raises wildfire risk, under SRC 58.004(e).

(a)No person shall, within the corporate City limits, open burn garbage or any vegetative debris from yard cleanup.(b)As used in this section, the term "vegetative debris from yard cleanup" means wood, needle or leaf materials from trees, shrubs or plants. "garbage" means wasted or spoiled food or other refuse commonly found in a kitchen or household.

Source: City of Salem — Fire DepartmentView 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 26 Update 1).

Full Breakdown

334 makes it unlawful, within the corporate City limits, to open burn garbage or vegetative debris from yard cleanup, defining "vegetative debris from yard cleanup" as wood, needle or leaf material from trees, shrubs or plants and "garbage" as wasted or spoiled food or other refuse commonly found in a kitchen or household. The ban is unconditional and year-round; it applies regardless of weather and carries no residential permit path, unlike recreational fires. 1 to give the Fire Code Official standing authority to impose a limited or total ban on recreational fires when weather stays dry, hot or windy for an extended period.

The code lists five criteria the Fire Code Official may use: forecast highs of 95 degrees Fahrenheit or above, relative humidity at or below 30 percent, forecast winds of 15 mph or higher, a locally issued red flag warning, or a burn ban declared by the Marion or Polk County Fire Defense Board. Because Salem sits inside both counties' fire defense board jurisdictions, a county-level declaration alone can trigger a city recreational-fire ban. Enforcement runs through the Fire Code Official under SRC chapter 58, the Fire Prevention Code, which adopts the Oregon Fire Code as locally amended. 334 is a flat prohibition distinct from the conditional recreational-fire ban authority.

Violations & Fines

Burning yard debris or garbage under SRC 58.334, absent a listed misdemeanor category such as obstructing operations or tampering, is treated as an infraction under SRC 58.457(b), punishable by up to $250, with each day the burn continues charged as a separate violation. The City may additionally assess a civil penalty of up to $2,000 per violation under SRC 58.457(d), and anyone who assists a violator faces the same civil penalty under 58.457(e).

Frequently Asked Questions

Can I burn yard debris in my Salem backyard?
No. SRC 58.334 makes it unlawful to open burn garbage or yard-cleanup debris such as wood, needles or leaves anywhere inside Salem's corporate city limits, with no permit process offered for residential yard-waste burns; take debris to a green waste collection or transfer station instead.
What triggers a citywide burn ban in Salem?
Under SRC 58.004(e), amending Oregon Fire Code 307.1.1, the Fire Code Official can impose a burn ban when temperatures are forecast at 95°F or higher, humidity drops to 30 percent or below, winds reach 15 mph, a red flag warning is issued, or the Marion or Polk County Fire Defense Board declares one.
What's the penalty for illegal open burning in Salem?
Violating the Fire Prevention Code is generally an infraction punishable by up to $250, with each day of continued violation counted separately under SRC 58.457(b), and the City may also assess a civil penalty of up to $2,000 per violation under SRC 58.457(d).

Sources & Official References

Other rules in Salem

All Salem rules

How Salem compares: Cities with the Strictest Outdoor Burning Rules·Compare Salem to another location·View the Oregon fire regulations overview

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