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Shawnee County, KS Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Shawnee County, 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 law
Res. No. HR-2025-4, effective Dec. 29, 2025
Permit issuer
Fire district with jurisdiction over the burn
Minimum permit age
18 years old
Setback rule
100 ft from structures, 10 ft from property line
Wind limit
Must be 5-15 mph, no calm or high wind
First-offense fine
Up to $500
Permit expires
December 31 each year

Summary

Open burning, including controlled agricultural burns, is unlawful anywhere in unincorporated Shawnee County unless a burn permit is obtained from the local fire district or the burn fits a listed exception like a recreational fire. County Code Sec. 17-22, rewritten by Resolution No. HR-2025-4 on December 29, 2025, also lets the county issue an emergency burn ban that makes any burning a strict-liability violation.

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

(a)Except as expressly authorized in this article and unless expressly allowed elsewhere in the Shawnee County Code, it shall be unlawful for any person to knowingly initiate, participate in, allow, and/or conduct open burning, including but not limited to controlled burning, in the county.(b)Except as expressly authorized in this article and unless expressly allowed elsewhere in the Shawnee County Code, it shall be unlawful for any person to initiate, participate in, allow, and/or conduct open burning, including but not limited to controlled burning, in the county while a burn ban, issued in accordance with section 17-27 of this article, is in effect. A violation of this subsection is subject to strict or absolute liability and will not require a culpable mental state.

Source: Kansas StatutesView 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 1).

Full Breakdown

Article II of Chapter 17, entirely rewritten by Resolution No. HR-2025-4 on December 29, 2025, makes open burning, including controlled agricultural burning of "rangeland, pasture land, cultivated crop residue, dried plant growth, grassland, woodland, or stubble," unlawful countywide unless the burner first obtains a burn permit from "the fire district having jurisdiction over the area of the burn" (Sec. 17-23(a)). No one under 18 may hold a permit, and every permit expires December 31 of the year it was issued. Before igniting, the permit holder must call the fire district within one hour of the burn to report the permit number, exact location, materials, timing, and wind conditions (Sec.

17-23(f)). 7 cloud cover and a ceiling under 2,000 feet, and every fire must stay at least 100 feet from any structure, ten feet from any property line, and 1,000 feet from an occupied dwelling absent notice to the occupant. Controlled agricultural burns additionally require a firebreak "of at least 50 feet wide on all sides of the area to be burned" (Sec. 17-25(4)). The county department of emergency management may declare a burn ban countywide or in part of the county "whenever circumstances exist where open burning may jeopardize the safety and/or welfare of the public and/or property" (Sec.

17-27(a)), announced by website, social media, local media, or written notice to fire districts; burning during an active ban is a strict-liability offense regardless of notice received.

Violations & Fines

Violating the article carries escalating fines under Sec. 17-28(g): up to $500 for a first offense, up to $1,000 for a second, and up to $1,500 for a third or later offense, plus mandatory revocation of the offender's burn permit for at least one year, restitution for damage caused, and possible orders to reimburse the county for firefighting and prosecution costs. Fire chiefs, code enforcement officers, and law enforcement may issue cease-and-desist orders and enter property to inspect burns and permits.

Frequently Asked Questions

Do I need a permit to burn brush or crop residue in Shawnee County?
Yes, unless it qualifies as a recreational fire or household trash burn. Section 17-23(a) requires anyone burning fields, stubble, brush, or debris to get a burn permit first from the fire district with jurisdiction, then call in for authorization no more than one hour before lighting the fire.
What happens if I burn during a county burn ban?
It is a strict-liability violation under Sec. 17-22(b): the county does not need to prove intent, and not receiving notice of the ban is no defense under Sec. 17-27(d). The county department of emergency management issues bans through the county website, social media, local news, and direct notice to fire districts.
How close to my house can a neighbor burn brush?
Section 17-24(8) bars burning within 1,000 feet of any occupied dwelling unless the occupant is notified before ignition, and every burn must otherwise stay at least 100 feet from any structure and ten feet from any property line under Sec. 17-24(7).
What are the penalties for illegal open burning?
Fines run $500 for a first conviction, $1,000 for a second, and $1,500 for a third or later conviction under Sec. 17-28(g), on top of mandatory one-year permit revocation, restitution to anyone harmed, and possible orders to repay firefighting and prosecution costs under Sec. 17-28(h)-(j).

Sources & Official References

Other rules in Shawnee County

All Shawnee County rules

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

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