West Allis, WI Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in West Allis, 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
- General rule
- Open burning prohibited citywide
- Grill/tobacco exception
- Always allowed
- Enclosed device exception
- Metal hood and screen required
- Burn-ban authority
- Fire Chief, during dry conditions
- Penalty
- $25-$500 forfeiture per day
Summary
West Allis bans open burning of leaves, garden refuse, wood and other combustible material citywide, with narrow exceptions for grills, tobacco and fully enclosed wood-burning devices under the Fire Prevention Code.
Open burning is prohibited in the City of West Allis and no person, firm, corporation or other entity shall burn, cause to be burned, or suffer or allow to burn in the open air leaves, garden refuse, wood, refuse, or other combustible material. This subsection shall not apply to: A charcoal or gas grill used in the cooking of food. The smoking of tobacco products. A device for the burning of wood that is equipped with a metal hood and screen that completely encloses the area where wood is burned so as to prevent embers or sparks from exiting the device. The exception allowed in Subsection 5.10(9)(b)3 shall not apply during such times as the West Allis Fire Chief declares a ban on burning due to dry conditions. Notice of such ban shall be published in the official City newspaper. After publication or after direct notice, no person shall use such a device until the West Allis Fire Chief declares that the ban is terminated. The burning permitted in Subsection 5.10(9)(b)3 shall be subject to the following conditions: Such devices shall not be used on porches or decks or within 10 feet of a dwelling, garage, or other accessory structure. Such devices shall not be used between the hours of 11:00 p.m. and 8:00 a.m. Such devices shall be tended by a competent person at all times combustion is occurring. To constitute being "tended," the device must be within the direct observation of the competent person taking care of the fire.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: ?).
Full Breakdown
The Fire Prevention Code prohibits any person from burning, or allowing to burn, leaves, garden refuse, wood, refuse or other combustible material in the open air anywhere in the City of West Allis. The only exceptions are charcoal or gas grills used for cooking food, smoking tobacco products, and a fully enclosed wood-burning device with a metal hood and screen that keeps embers and sparks from escaping. Even that device exception can be suspended: the Fire Chief may declare a burn ban during dry conditions, publish notice in the official City newspaper, and bar use of enclosed devices until the ban is lifted.
Violations & Fines
Violating the burning ban is a Fire Code offense carrying a forfeiture of $25 to $500 plus prosecution costs under § 5.14, with each day of continued burning treated as a separate offense.
Frequently Asked Questions
Can I burn leaves or yard waste in West Allis?
Is an open fire pit legal in West Allis?
Sources & Official References
Other rules in West Allis
How West Allis compares: Cities with the Strictest Outdoor Burning Rules·Compare West Allis to another location·View the Wisconsin fire regulations overview
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Outdoor Burning in Nearby Cities
How other cities in Milwaukee County handle outdoor burning.