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San Benito County, CA Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in San Benito County, CA, 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

Solid waste burning
Prohibited by state law
Vegetation burning
Requires CalFire burn permit
Air district
Monterey Bay Unified APCD
Citation
County Code § 15.01.028
Enforcement
County Health Officer investigates

Summary

Burning solid waste is prohibited by state law across unincorporated San Benito County; vegetation can be burned only with a prior written burn permit from CalFire, and exemptions run through the regional air district.

These county ordinances apply to unincorporated areas of San Benito County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Burning of solid waste is prohibited by state law. Any exemption to this law is regulated by the Monterey Bay Unified Air Pollution Control District. Vegetation may be burned only with the prior written approval (burn permit) of the California Department of Forestry.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-28: current through Ordinance 1078).

Full Breakdown

San Benito County Code bans burning solid waste anywhere in the unincorporated area, deferring to the state-law prohibition rather than creating a separate local ban. Any exemption to that prohibition is administered by the Monterey Bay Unified Air Pollution Control District, not the county. Property owners who want to burn vegetation, such as brush, prunings, or agricultural debris, must first get written approval, a burn permit, from the California Department of Forestry and Fire Protection. Burning without that written approval, or burning solid waste outright, is a code violation the county's Health Officer can investigate and cite.

Violations & Fines

Burning solid waste, or burning vegetation without a CalFire burn permit, violates Section 15.01.028 and is enforceable by the county Health Officer, punishable under the general penalty: up to $1,000, six months in jail, or both.

Frequently Asked Questions

Can I burn brush or yard debris on my property in unincorporated San Benito County?
Only with a prior written burn permit from CalFire. Burning solid waste is prohibited outright by state law, and the county code enforces that ban.
Who do I contact for a burn permit or an exemption?
Vegetation burn permits come from CalFire; any exemption to the solid-waste burning ban is handled by the Monterey Bay Unified Air Pollution Control District, not the county directly.

Sources & Official References

Other rules in San Benito County

All San Benito County rules

How San Benito County compares: Cities with the Strictest Outdoor Burning Rules·California rules heatmap·Compare San Benito County to another location·View the California fire regulations overview

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