Santa Clara County, CA Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Santa Clara 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
- Rule
- Refuse burning banned without approval
- Approval needed from
- BAAQMD, fire district, County
- Applies to
- Unincorporated Santa Clara County only
- Governing law
- Ordinance Code § B11-187
Summary
Unincorporated Santa Clara County bans burning refuse outright unless every agency with air-quality or fire jurisdiction, the Bay Area Air Quality Management District, the local fire district, and the County, signs off in writing first.
Burning of refuse is prohibited without the written approval of any and all public agencies having jurisdiction to regulate the control of air pollution in the County. These agencies include, but are not limited to, the Bay Area Air Quality Management District, the appropriate fire district, and the Department.
(Ord. No. NS-517.94, § 1, 12-7-21)
Sec. B11-188. - Unauthorized refuse disposal prohibited. It is unlawful for any person to throw away, deposit, or bury, or cause to be thrown away, deposited, or buried, any refuse, except at an approved disposal or collection area unless authorized by the Director. A refuse producer may not use any refuse container owned by or issued to the occupant of any other premises, unless having written permission from the occupant of the premises. This section may be enforced by any peace officer.
(Ord. No. NS-517.94, § 1, 12-7-21)
Sec. B11-189. - Refuse container requirements.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).
Full Breakdown
Section B11-187 of the county's Ordinance Code makes burning refuse illegal in the unincorporated area without written approval from every public agency with air-pollution or fire jurisdiction there. The code names the Bay Area Air Quality Management District, the applicable fire district, and the County's own Department as examples of agencies that must sign off. Because approval has to come from all of them, not just one, backyard burn piles and open refuse fires are effectively prohibited without a permit process that in practice most residents never pursue.
Violations & Fines
Burning refuse without the required multi-agency written approval is a chapter violation, drawing a Notice of Violation, an administrative fine, and potential referral to CAL FIRE or the county fire district for open-burn enforcement.
Frequently Asked Questions
Can I burn yard debris or trash on my unincorporated Santa Clara County property?
Does this rule apply inside San Jose or other cities in the county?
Sources & Official References
Other rules in Santa Clara County
How Santa Clara County compares: Cities with the Strictest Outdoor Burning Rules·California rules heatmap·Compare Santa Clara County to another location·View the California fire regulations overview
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