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Topeka, KS Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Topeka, KS, 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
TMC 8.45.020
Business exception
Fire Chief permit under TMC 8.45.060
Permit setback
25 feet from any permanent structure
Max fine
$499 plus up to 179 days jail

Summary

Setting any fire in the open air anywhere inside Topeka city limits is unlawful, with the only exception being a Fire Chief permit for business and industrial operations.

It shall be unlawful for any person to start a fire or allow any person to start a fire to any pile of refuse, papers, shavings, weeds, brush, grass, leaves or other combustible material, or to make any fire of any description in the open air in the corporate limits of the City, except as provided in TMC 8.45.060.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 20671, passed July 14, 2026).

Full Breakdown

TMC 8.45.020 bans starting a fire to refuse, weeds, brush, leaves or any other combustible material in the open air anywhere within Topeka's corporate limits. Backyard trash or leaf burning gets no carve-out: the ban applies citywide. The only way around it is TMC 8.45.060: a business or industry that must burn material as part of its operations can apply to the Fire Chief, who may grant special permission specifying the time and location, and any authorized burn must stay at least 25 feet from a permanent structure and have someone in attendance the whole time.

Violations & Fines

Violating TMC 8.45.020 is a misdemeanor under the citywide TMC 1.10.070 general penalty: a fine up to $499, up to 179 days in jail, or both, with each day a separate offense.

Frequently Asked Questions

Can I burn leaves in my Topeka backyard?
No. TMC 8.45.020 bans open-air fires citywide, including leaf and yard-debris burning; there's no residential exception, only the business/industrial permit process under TMC 8.45.060.
Does Topeka issue burn permits?
Only for businesses/industries that must burn material as part of their operations: the Fire Chief can grant special permission specifying time, location and a 25-foot setback from structures.

Sources & Official References

Other rules in Topeka

Noise Ordinances: Quiet HoursSome RestrictionsNoise Ordinances: Construction HoursSome RestrictionsFire Pits & Backyard FiresSome RestrictionsFireworksSignificant RestrictionsPropane StorageSome RestrictionsSmoke DetectorsSome RestrictionsNoise Ordinances: Barking DogsSome RestrictionsNoise Ordinances: Amplified Music & Outdoor SoundSome RestrictionsParking Rules: Towing & Impound RightsSome RestrictionsParking Rules: Loading ZonesSome Restrictions

All Topeka rules

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

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