Waukesha, WI Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Waukesha, WI, 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
- Default rule
- Outdoor burning prohibited citywide
- Built-in exceptions
- Cooking appliances, decorative lighting, frost removal
- Commercial/lawn burns
- Require written Fire Chief authorization
- Cease-order authority
- Fire Inspector, Police Officer, or City agent
- Penalty
- $25 to $500 per violation plus costs
Summary
Waukesha bans outdoor burning citywide except for narrow exceptions like cooking appliances, decorative lighting or frost removal, and except for the specific residential fire pit and Fire Chief-authorized burns spelled out in the same section.
CONTROL OF OUTDOOR BURNING. Outdoor burning is prohibited within the City except in the manner provided under subsections (3), (4), and (5), and with the exception of substances that are burned for the purpose of cooking in a broiler, rotisserie or any other appliance designed for that purpose, or for the purpose of furnishing decorative lighting, or for the purpose of removing frost from the ground by public utility corporations, cemeteries or building contractors, or tobacco products and fuels used in internal combustion engines.
Full Breakdown
04 opens with a blanket prohibition: outdoor burning is prohibited within the City except as authorized under subsections (3), (4) and (5) of that section, and except for a short list of built-in exceptions covering cooking in a broiler, rotisserie or similar appliance, decorative lighting, frost removal work by utilities, cemeteries or building contractors, and burning tobacco products or engine fuels. The Fire Department may also burn substances during its own training courses, whether run alone or with outside industries or businesses training personnel. Beyond the flat exceptions, the section authorizes three narrow paths back into legal burning: residential open fires meeting the detailed fire-pit standards in subsection (3) (dimensions, hours, setback and attendance rules, covered separately), Fire Chief-authorized burning in commercial areas for property maintenance such as brush removal or for recreational bonfires under subsection (4), and Fire Chief-authorized burning in residential areas solely to restore natural lawns under subsection (5).
Both discretionary authorizations require a written request identifying the property, timing and safety precautions, and the Chief may deny a request that poses a threat to public safety given the burn location, materials, weather or insufficient precautions. A Fire Inspector, Police Officer or other City agent may order any outdoor burning activity to cease if it endangers health, safety or property in the area, and noncompliance lets the Fire Department act under Wis. 14.
Violations & Fines
A person who fails to comply with a cease order, or who burns outside the section's exceptions, is subject to Waukesha Municipal Code § 21.11: a forfeiture of not less than $25 nor more than $500 per violation, together with costs of prosecution, with each day of violation treated as a separate offense, and imprisonment in the Waukesha County jail for nonpayment.
Frequently Asked Questions
Is any outdoor burning legal in Waukesha without a permit?
Can I get permission to burn brush on commercial property?
Who can order a fire in Waukesha put out?
Sources & Official References
Other rules in Waukesha
How Waukesha compares: Cities with the Strictest Outdoor Burning Rules·Compare Waukesha to another location·View the Wisconsin fire regulations overview
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