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Florida Statewide Rule

Florida Open Burning Authorization Requirements

Heavy RestrictionsApplies statewide across Florida (2026)

Key Facts

Statute
Fla. Stat. 590.125
Authority
Florida Forest Service
Pile Limit
8-ft diameter without authorization
Banned Materials
Trash, tires, treated wood
Last verified: August 20, 2026Source: Florida Senate

Summary

Open burning of yard waste and land-clearing debris in Florida requires authorization from the Florida Forest Service under Section 590.125, applying universally outside municipal limits.

F.S. 590.125 590.125 Open burning authorized by the Florida Forest Service. — (1) DEFINITIONS. — As used in this section, the term: (a) “Certified pile burner” means an individual who successfully completes the pile burning certification program of the Florida Forest Service and possesses a valid pile burner certification number. (b) “Certified pile burning” means a pile burn conducted in accordance with a written pile burning plan by a certified pile burner. (c) “Certified prescribed burn manager” means an individual who successfully completes the certified prescribed burning program of the Florida Forest Service and possesses a valid certification number. (d) “Certified prescribed burning” means prescribed burning in accordance with a written prescription conducted by a certified prescribed burn manager. (e) “Contained” means that fire and smoldering exist entirely within established or natural firebreaks. (f) “Completed” means that for: 1. Broadcast burning, no continued lateral movement of fire across the authorized area into entirely unburned fuels within the authorized area. 2. Certified pile burning or pile burning, no visible flames exist. 3. Certified pile burning or pile burning in an area designated as smoke sensitive by the Florida Forest Service, no visible flames, smoke, or emissions exist.

Full Breakdown

Section 590.125, Florida Statutes, places open burning under the jurisdiction of the Florida Forest Service (FFS). Burning of yard waste piles is permitted without an authorization only when the pile is small (less than 8 feet in diameter), set back from structures and roads, and attended at all times. Larger piles, broadcast burns, and pile burns of more than two piles require an FFS authorization, which may be denied during drought or high fire-danger conditions. Burning household garbage, tires, or treated wood is prohibited statewide.

Violations & Penalties

Illegal open burning is a second-degree misdemeanor under Section 590.125, and anyone whose fire escapes faces liability for suppression costs and damages; intentionally burning another's land is a third-degree felony under Section 590.28.

Frequently Asked Questions

Do I need a permit to burn yard debris in Florida?
A pile under 8 feet in diameter may burn without authorization if kept 25 feet from your house and wildlands, 50 feet from paved roads, and 150 feet from other occupied buildings. Larger burns need Florida Forest Service authorization.
Can I burn household garbage in my backyard?
No. Burning household garbage, plastics, tires, treated lumber, and similar materials is prohibited statewide under Florida Department of Environmental Protection rules.

Sources

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