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Wauwatosa, WI Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Wauwatosa, 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

Leaf/yard-waste burning
Prohibited citywide, Section 14.26.010
Improved street/alley burning
Prohibited, Section 14.24.010
Burn suspension authority
Fire dept. or health officer, Section 14.24.080
Leaf-burn ban adopted
Ord. O-86-12 (1986)
General penalty
$1 to $5,000 forfeiture per offense

Summary

Wauwatosa bars burning leaves, lawn or garden refuse anywhere in the city, public or private, under Wauwatosa Municipal Code Section 14.26.010. Section 14.24.010 separately makes it unlawful to burn any substance in an improved street, alley, parkway or public place, and Section 14.24.080 lets the fire department or health officer suspend all outdoor burning citywide when weather makes it hazardous.

Except as provided below, it is unlawful for any person, firm or corporation to burn any substance or material in any improved street, alley, parkway or other improved public place in the city. ... The Wauwatosa fire department or the Wauwatosa health officer may suspend outdoor burning within the city in the event of weather or climactic conditions which make such burning hazardous, or for any other reason deemed hazardous, for the protection of persons and property. ... The burning of leaves or lawn or garden refuse upon any private properties, public properties or public rights-of-way within the city of Wauwatosa is prohibited.

Full Breakdown

010, adopted by Ord. O-86-12 in 1986, prohibits burning leaves or lawn or garden refuse on private properties, public properties and public rights-of-way within the city, with no exception carved out for residential yard waste. A violator is subject to the general penalty provisions of the Wauwatosa Code of Ordinances. 010, adopted by Ord. O-03-7 in 2003, separately bars burning any substance or material in an improved street, alley, parkway or other improved public place in the city, reinforcing that public rights-of-way are never a lawful burn location.

040, items that may not be burned outdoors at all: garbage, leaves or garden refuse, waste materials from commercial construction projects, and any other items the Wauwatosa fire department specifically designates. 080 gives the fire department or the Wauwatosa health officer standing authority to suspend all outdoor burning in the city during hazardous weather or climatic conditions, or for any other reason deemed hazardous to persons or property, which functions as the city's burn-ban trigger independent of the standing leaf-burning prohibition. 070.

Violations & Fines

Section 14.26.010 routes violations to the code's general penalty provisions, and Chapter 14 offenses generally resolve to Section 1.12.010: a forfeiture of one to five thousand dollars for a first offense and twenty-five to two thousand dollars for a repeat offense of the same provision, with each day of a continuing violation treated as a separate offense.

Frequently Asked Questions

Can I burn leaves in my own backyard in Wauwatosa?
No. Section 14.26.010 prohibits burning leaves, lawn or garden refuse upon any private properties, public properties or public rights-of-way within the city of Wauwatosa, with no exception for a homeowner's own yard, and a violation carries the code's general penalty.
Can the city order a burn ban during dry or windy weather?
Yes. Section 14.24.080 lets the Wauwatosa fire department or health officer suspend outdoor burning within the city in the event of weather or climatic conditions that make burning hazardous, or for any other reason deemed hazardous, covering the whole city at once.
Is burning debris in the street or alley ever allowed?
Section 14.24.010 makes it unlawful for any person to burn any substance or material in an improved street, alley, parkway or other improved public place in the city, subject only to the specific exceptions elsewhere in Chapter 14.24, so open burning has essentially no foothold on improved public rights-of-way.
What can be burned outdoors in Wauwatosa at all?
Chapter 14.24 is written mostly around exclusions: garbage, leaves and garden refuse, and commercial construction waste may not be burned outdoors, and Chapter 14.26 separately bars all leaf and yard-waste burning. That leaves a supervised fire in a conforming permanent outdoor fireplace, or a permitted bonfire, as the main lawful outdoor flame.

Sources & Official References

Other rules in Wauwatosa

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Outdoor Burning in Nearby Cities

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