Outdoor burning rules in San Jose, CA β also called the burn ban, open burning, or fire restriction ordinance β set when you can burn yard waste, debris, or run a recreational fire.
Outdoor burning in Santa Clara County is tightly restricted under BAAQMD Regulation 5 and County Fire rules. Most residential yard-waste burning is prohibited; permits needed for ag and hazard fires.
Outdoor open burning in Santa Clara County is primarily regulated by the Bay Area Air Quality Management District (BAAQMD) under Regulation 5, which declares most residential yard-waste burning prohibited throughout the nine-county Bay Area. Spare the Air days (declared from November through February and during summer wildfire conditions) ban all outdoor burning and all indoor wood-fire use. Agricultural burning of crop residue, orchard prunings, or rangeland vegetation management requires a BAAQMD permit plus a County Fire burn permit and can only occur on designated permissive burn days when weather allows dispersion. Hazard-reduction burning of dead brush for wildfire prevention in foothill zones requires coordination with CAL FIRE, Santa Clara County Fire, and BAAQMD. Residential composting and chipping are encouraged as alternatives. Violations carry civil penalties from BAAQMD starting around 500 dollars per violation, plus County Fire penalties.
Contact your local code enforcement office for specific penalty information.
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Side-by-side rule comparisons with other cities in Santa Clara County.
See how other cities in Santa Clara County handle outdoor burning.
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