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Waukesha, WI Fire Regulations: Outdoor Burning (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
Section 21.04's flat exceptions cover cooking in appliances like a broiler or rotisserie, decorative lighting, frost removal by utilities, cemeteries or contractors, and burning tobacco products or engine fuels. Everything else, including yard debris and bonfires, needs either the residential fire pit rules in subsection (3) or written Fire Chief authorization.
Can I get permission to burn brush on commercial property?
Yes. Under § 21.04(4), the Fire Chief or a designee may authorize outdoor burning outside residential districts for property maintenance like brush removal, or for recreational bonfires, after a written request identifying the property, timing and safety precautions.
Who can order a fire in Waukesha put out?
A Fire Inspector, Police Officer, or other City agent may order any outdoor burning activity to cease under § 21.04(3) if it endangers people or property nearby. If the responsible party does not comply immediately, the Fire Department may act under Wis. Stat. § 101.14.

Sources & Official References

Other rules in Waukesha

All Waukesha rules

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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