Florida Statewide Rule
Florida Open Burning Authorization Requirements
Key Facts
- Statute
- Fla. Stat. 590.125
- Authority
- Florida Forest Service
- Pile Limit
- 8-ft diameter without authorization
- Banned Materials
- Trash, tires, treated wood
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?
Can I burn household garbage in my backyard?
Sources
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