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Polk County, FL Fire Regulations: Wildfire Zones (2026)

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

Key Facts

Trigger
KBDI averaging 500+ over 50% of county
Declared by
Fire chief or designee, Sec. 7-73(a)
Board ratification
Required at next regular meeting
Fire chief suspension
Up to 7 days without board vote
Penalty
Up to $500 fine, 60 days jail
Applies in cities
Only those opted in or fire-assessment cities

Summary

Polk County's fire chief can declare a countywide burn ban under Sec. 7-73 whenever drought data shows heightened wildfire danger, prohibiting all open and recreational fires except burning done under a state permit. The Board of County Commissioners must ratify the ban by resolution at its next meeting or it repeals automatically. Violators face up to a $500 fine and 60 days in jail.

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

Fire hazard conditions: Atmospheric conditions on the basis of applicable data and indicators including without limitations of over fifty (50) per cent of Polk County having an average of five hundred (500) on the Keetch-Byram Drought Index and local circumstances which increase the likelihood of uncontrolled fires and brush fires. ... Declaration of a burn ban by the Polk County Fire Department. During times of fire hazard conditions the fire chief or the fire chief's designee may prohibit any and all open and recreational fires in Polk County, except for any burning that is conducted pursuant to a state-issued permit by declaring a burn ban. ... Any person who refuses to comply with or violates a fire department burn ban shall be in violation of this article and shall be punished according to law and, upon conviction for such offense, shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment by a term not to exceed sixty (60) days in the county jail or both.

View 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 109 | Land Development Code: Supplement 12).

Full Breakdown

A "fire department burn ban" triggers on "fire hazard conditions," defined in Sec. 7-72 as atmospheric data showing over 50 percent of Polk County averaging 500 or higher on the Keetch-Byram Drought Index, plus local circumstances that raise the odds of uncontrolled fires and brush fires. Once the fire chief or designee declares a ban under Sec. 7-73(a), it prohibits "any and all open and recreational fires," except burning under a valid state permit. The declaration must be published on the county website's homepage and becomes effective the day it is signed and filed with the clerk of the Board of County Commissioners.

Sec. 7-73(d) requires the board to ratify the ban by resolution at its next regular meeting; if the board fails to act, the ban is automatically repealed. The fire chief may suspend a declared ban for up to seven days without board action, and the board itself may suspend it to a set date. Sec. 7-74 extends a county ban into municipal limits only for cities subject to the Polk County Fire Assessment or that have adopted an ordinance letting their administrator opt in, after 24 hours' notice each way.

Sec. 7-76 sets the repeal procedure, requiring the same website publication and clerk filing before the ban lifts, and a board failure to ratify a repeal reinstates the ban.

Violations & Fines

Sec. 7-75 makes it a violation to refuse to comply with or to violate a declared fire department burn ban. Conviction carries a fine of up to $500, imprisonment in the county jail for up to 60 days, or both. The ordinance applies whether the fire is on unincorporated land or in a municipality that has opted into the ban under Sec. 7-74's notice procedure.

Frequently Asked Questions

What actually triggers a Polk County burn ban?
Sec. 7-72 defines "fire hazard conditions" as atmospheric data showing more than half of Polk County averaging 500 or above on the Keetch-Byram Drought Index, combined with local conditions that raise the likelihood of uncontrolled fires and brush fires. Once those conditions exist, the fire chief or designee may declare a ban under Sec. 7-73(a).
Does a Polk County burn ban cover cities like Lakeland or Bartow?
Only if the city is subject to the Polk County Fire Assessment or has adopted its own ordinance letting its administrator opt in, per Sec. 7-74. The fire chief must give 24 hours' notice before including any such municipality, and only those areas are listed in the published ban.
What happens if I burn during a declared ban?
Sec. 7-75 makes violating a declared burn ban punishable by up to a $500 fine, up to 60 days in the county jail, or both, on conviction in a court of competent jurisdiction.
How is a Polk County burn ban lifted?
The fire chief or designee may repeal it once fire hazard conditions abate, publishing notice on the county website per Sec. 7-76. The repeal must also go to the Board of County Commissioners' next regular meeting for ratification; if the board fails to approve it, the ban is automatically reinstated.

Sources & Official References

Other rules in Polk County

All Polk County rules

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