Winter Fire Pit Rules by City (2026)
Backyard Fire Pit Regulations for 2026
Find the rules for your area:
Find out if backyard fire pits are allowed in your city, required setback distances, fuel type restrictions, and permit requirements.
The table below breaks down the rules across 51 states and 794 cities and counties. Every entry is based on the actual municipal code for that location, not a guess or a generic template. Click any location to see the full ordinance details, including fines, exceptions, and local FAQs.
Rules by State
Each state is colored by the most common local rule. Click a state to see the cities and counties we cover there.
| State | Locations | Strict | Moderate | Permissive | Overall |
|---|---|---|---|---|---|
| California | 173 | 23 | 150 | - | Some Restrictions |
| Texas | 77 | 12 | 64 | 1 | Some Restrictions |
| Florida | 76 | 2 | 71 | 3 | Some Restrictions |
| New York | 36 | 7 | 29 | - | Some Restrictions |
| New Jersey | 36 | 10 | 25 | 1 | Some Restrictions |
| Illinois | 26 | 3 | 23 | - | Some Restrictions |
| Massachusetts | 26 | 10 | 16 | - | Some Restrictions |
| Georgia | 24 | - | 20 | 4 | Some Restrictions |
| Washington | 22 | 1 | 21 | - | Some Restrictions |
| Colorado | 22 | 2 | 20 | - | Some Restrictions |
| Arizona | 19 | 2 | 17 | - | Some Restrictions |
| Pennsylvania | 18 | 4 | 14 | - | Some Restrictions |
| Ohio | 17 | - | 17 | - | Some Restrictions |
| Michigan | 16 | 1 | 15 | - | Some Restrictions |
| North Carolina | 16 | - | 16 | - | Some Restrictions |
| Utah | 13 | - | 10 | 3 | Some Restrictions |
| Virginia | 12 | - | 12 | - | Some Restrictions |
| Hawaii | 12 | 4 | 8 | - | Some Restrictions |
| Oklahoma | 11 | - | 10 | 1 | Some Restrictions |
| Oregon | 11 | - | 11 | - | Some Restrictions |
| Tennessee | 9 | - | 5 | 4 | Some Restrictions |
| Maryland | 9 | 1 | 6 | 2 | Some Restrictions |
| Missouri | 8 | - | 8 | - | Some Restrictions |
| Alabama | 8 | - | 8 | - | Some Restrictions |
| Nevada | 7 | - | 7 | - | Some Restrictions |
| Minnesota | 7 | - | 7 | - | Some Restrictions |
| Kansas | 7 | - | 7 | - | Some Restrictions |
| Wisconsin | 7 | 1 | 5 | 1 | Some Restrictions |
| Indiana | 6 | 1 | 4 | 1 | Some Restrictions |
| Connecticut | 6 | - | 6 | - | Some Restrictions |
| Mississippi | 6 | - | 6 | - | Some Restrictions |
| Rhode Island | 6 | 1 | 5 | - | Some Restrictions |
| Iowa | 4 | - | 4 | - | Some Restrictions |
| South Carolina | 4 | - | 4 | - | Some Restrictions |
| Louisiana | 4 | - | 3 | 1 | Some Restrictions |
| Kentucky | 4 | - | 4 | - | Some Restrictions |
| New Mexico | 4 | 1 | 3 | - | Some Restrictions |
| Arkansas | 3 | - | 3 | - | Some Restrictions |
| Nebraska | 3 | - | 2 | 1 | Some Restrictions |
| North Dakota | 3 | - | 3 | - | Some Restrictions |
| New Hampshire | 2 | 1 | 1 | - | Heavy Restrictions |
| Maine | 2 | - | 2 | - | Some Restrictions |
| South Dakota | 2 | - | 1 | 1 | Some Restrictions |
| District of Columbia | 2 | 2 | - | - | Heavy Restrictions |
| Delaware | 2 | - | 2 | - | Some Restrictions |
| Idaho | 1 | - | 1 | - | Some Restrictions |
| Alaska | 1 | - | 1 | - | Some Restrictions |
| Vermont | 1 | - | 1 | - | Some Restrictions |
| Montana | 1 | - | - | 1 | Few Restrictions |
| Wyoming | 1 | - | 1 | - | Some Restrictions |
| West Virginia | 1 | - | 1 | - | Some Restrictions |
How Cities Compare
These rankings are based on verified municipal code data, not opinion. A "strict" rating means the city has heavy restrictions, high fines, or outright bans. "Permissive" means few or no local restrictions beyond state law.
Most Restrictive
- 1Allentown, PA25 feet minimum from any structure
The City of Allentown treats a backyard fire pit as a campfire, which requires a permit and a pre-lighting inspection by the Fire Prevention Office. The fire may be in an approved open container or on the ground, must sit at least 25 feet from any structure, and the pile may not exceed 3 feet in diameter or 2 feet in height. Only one burning permit per month per property is allowed and burn time is capped at three hours.
- 2Oak Park, IL15 ft from structures/fences
Oak Park allows recreational fires in portable fire pits under strict conditions. Fire pits must be at least 15 feet from any structure, fence, or combustible material. Only clean, dry wood or manufactured fire logs may be burned. Fires must be attended at all times and fully extinguished before being left unattended. Permanent built-in fire pits may require a building permit.
- 3Napa, CA25 ft open / 15 ft portable fireplace
Napa adopts the California Fire Code through Title 15 of the Napa Municipal Code. Under California Fire Code Section 307.4.2, recreational fires are limited to 3 feet in diameter and 2 feet in height, with a 25-foot setback from any structure or combustible material. Recreational burning is also subject to Bay Area Air Quality Management District wood-smoke rules and to CAL FIRE Sonoma-Lake-Napa Unit (LNU) declared fire-season restrictions.
- 4Bellaire, TX
Bellaire city ordinance does not allow any type of open burning, which includes recreational fire pits. Flames used solely for smoking or barbecuing are acceptable, but standalone fire pits, chimineas, and open fire bowls are prohibited under the open burning ban. Bellaire Fire Department enforces these rules.
- 5East Honolulu, HI
East Honolulu follows the City and County of Honolulu Fire Code: recreational, decorative, or ceremonial open fires (including backyard fire pits and bonfires) require the property owner's written permission plus a letter submitted to the fire department at least 14 days before the event.
- 6Waipahu, HI
Waipahu's dense plantation-era neighborhoods must meet Honolulu Fire Code open-burning rules before using a backyard fire pit, with advance notices and owner permission required.
- 7Skokie, IL15 ft from structures
Skokie generally prohibits open burning, including most backyard wood-burning fire pits, under Chapter 50 (Fire Prevention and Protection). Small contained recreational fires using approved fuel (seasoned wood or charcoal) may be permitted in manufactured fire pits under strict conditions, and gas-fueled patio fire features are broadly allowed.
- 8Bethlehem, PA25 ft from structure / 15 ft from combustibles
Bethlehem, PA (Lehigh and Northampton Counties, population approximately 76,000) effectively bans backyard recreational fires. Article 1501 of the Codified Ordinances adopts the 2018 International Fire Code, and Section 1501.05(r) amends IFC Section 307.4.2 to read 'Recreational fires are prohibited.' Portable outdoor fireplaces are allowed only 'where approved' by the Fire Marshal, and must be 25 feet from any structure and 15 feet from combustible material under amended IFC 307.4.3.
- 9Cambridge, MA
Cambridge allows only small recreational fires in approved portable devices under 527 CMR 1.00. Permits from Cambridge Fire are required for most outdoor burning given the citys density.
- 10Pearl City, HI
Pearl City residents, including military families near Pearl Harbor, must meet Honolulu Fire Code open-burning rules before lighting backyard fire pits or ceremonial fires.
Fewest Restrictions
- 1Billings, MTSafe distance from combustibles
Billings allows recreational backyard fire pits, chimineas, and patio fireplaces fueled by clean wood under BMC Chapter 15, provided the fire is contained, attended, and kept a safe distance from structures, fences, and combustible vegetation.
- 2Fair Lawn, NJAway from structures required
Fair Lawn restricts open recreational fires under the borough fire prevention chapter. Residents may use small recreational fire pits only when contained, attended, and burning clean wood, with adequate distance from structures and combustibles to prevent fire spread.
- 3Martin County, FL25 ft from structures/combustibles
Recreational fires — campfires, bonfires, and backyard fire pits — are allowed in Martin County without a county permit, but must be no larger than 3 feet in diameter, limited to 1 cubic yard of burnable material, and located at least 25 feet from any structure or combustible material (per Martin County Fire Rescue Open Burn Guidelines and NFPA 1).
- 4Franklin, TNNot required
The City of Franklin Fire Marshal's Office permits residential use of above-ground fire pits, chimineas, and smokeless fire pits without a burn permit. Open burning of brush or trash is prohibited inside Franklin city limits. Campfires and bonfires (those not in an above-ground appliance) require a burn permit from the Franklin Fire Department and are issued only for approved recreational settings - not for burning yard waste or trash. The Franklin Fire Department enforces the 2024 edition of the International Fire Code (IFC) and the 2024 edition of NFPA 101 Life Safety Code, per Title 7, Chapter 2 of the Franklin Municipal Code. Tennessee's statewide minimum standard is the 2018 IBC/IRC/IFC family under TCA 68-120-101.
- 5Hendersonville, TN25 ft from structures and combustibles (IFC 307.4)
The Hendersonville Fire Department exempts cooking, ceremonial, and recreational fires - including backyard fire pits, chimineas, smokeless fire pits, barbecues, and outdoor fireplaces - from the open-burn permit requirement under the city's open-burning rules. The Department enforces the 2021 International Fire Code (IFC) under Title 7 of the Hendersonville Municipal Code, effective July 1, 2025 (the prior adopted edition was the 2018 IFC effective June 13, 2017). IFC Section 307.4.2 requires recreational fires to be at least 25 feet from a structure or combustible material, attended at all times by an alert adult, and equipped with an extinguishment means (hose, bucket, or extinguisher) on site. The Fire Prevention Bureau (615-822-1119) is the local point of contact. Hendersonville fronts Old Hickory Lake; recreational fires on lakeside lots remain subject to the same 25-ft setback and wind-velocity limits.
- 6Minnehaha County, SD
Minnehaha County has no standalone recreational fire-pit ordinance for unincorporated areas. Contained fires in fire pits, chimineas, and other containers are expressly excluded from the county's open-burn definition under MC34-04. Pits must be sufficient to prevent escape of burning material, sparks, flames, or hot ashes. When the County Commission declares a Fire Danger Emergency, recreational fires in containers remain permitted because they are not 'open burning.' Cities in Minnehaha County (Sioux Falls, Brandon, Hartford, Dell Rapids) each set their own fire-pit rules under municipal code.
- 7Indiantown, FL25 ft from structures/combustibles
Recreational fires - backyard fire pits, campfires, and chimineas - are allowed in Indiantown without a permit under Martin County Fire Rescue's Open Burn Guidelines and NFPA 1. Fires must be no more than 3 feet in diameter, contain no more than 1 cubic yard of fuel, and be at least 25 feet from any structure or combustible material.
- 8Marion County, FLUntreated wood / vegetative debris only
Contained fire pits, outdoor fireplaces, and outdoor cooking/heating devices burning only vegetative debris or untreated wood are expressly allowed under Florida Forest Service rule 5I-2.006(11) and Marion County Code Sec. 8-35. The fire must be attended and fully smothered before being left unattended.
- 9Spanish Fork, UTNatural firewood or commercial logs only
Recreational fire pits are allowed in Spanish Fork under International Fire Code standards. Below-ground pits must be at least 4 inches deep, surrounded by non-combustible material, no more than 3 feet in diameter, and the fire pile no taller than 2 feet.
- 10Davidson County, TN15 ft minimum from dwelling; 25 ft recommended
Portable fireplaces and fire pits are permitted at single- and two-family homes throughout Davidson County. Requirements include non-combustible construction, 15-foot setback from structures, solid fuel only, and constant attendance. Apartment/condo residents may not use them on decks.
All 794 Locations
Every city and county below has verified ordinance data for this topic. Click any location for the full breakdown including fines, exceptions, and local FAQs.
Frequently Asked Questions
These questions come from the most common things people ask about this topic across different cities.