California Statewide Rule
California Statewide Outdoor Burning Permit and Smoke Rules
Key Facts
- Permit law
- PRC 4422-4494
- Smoke nuisance
- H&S Code 41700
- Permits issued by
- CAL FIRE, air districts
- Civil penalty
- Up to $25,000/day
Summary
California requires permits for most outdoor burning, with statewide CAL FIRE and Air Resources Board rules that uniformly apply alongside local air district restrictions.
A person shall not burn any brush, stumps, logs, fallen timber, fallows, slash, grass-covered land, brush-covered land, forest-covered land, or other flammable material, in any state responsibility area, area receiving fire protection by the department by contract, or upon federal lands administered by the United States Department of Agriculture or Department of the Interior, unless the person has a written permit from the department or its duly authorized representative or the authorized federal officer on federal lands administered by the United States Department of Agriculture or of the Interior and in strict accordance with the terms of the permit: (a) At any time in Zone A. (b) At any time in Zone B between May 1st and the date the director declares, by proclamation, that the hazardous fire conditions have abated for that year, or at any other time in Zone B during any year when the director has declared, by proclamation, that unusual fire hazard conditions exist in the area.
Full Breakdown
Public Resources Code Sections 4422 through 4494 require CAL FIRE burn permits for outdoor burning in State Responsibility Areas during declared fire seasons. Health and Safety Code Section 41700 prohibits burning that creates a public nuisance through smoke. Title 17 of the California Code of Regulations and CARB's Smoke Management Guidelines govern agricultural and prescribed burning. No-Burn days declared by local Air Quality Management Districts prohibit residential wood burning under district rules such as SCAQMD Rule 445, BAAQMD Regulation 6 Rule 3, and SJVAPCD Rule 4901. Cities cannot authorize burning that violates these state air quality and fire safety rules.
Violations & Penalties
Burning without a required permit is a misdemeanor; CARB and air district violations may carry civil penalties up to $25,000 per day.
Frequently Asked Questions
Do I need a permit to burn yard waste in California?
What is a No-Burn day?
Sources
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