Idaho Outdoor Burning Law: Statewide Fire Regulations Rules (2026)

Key Facts

Closed Season: May 10-Oct 20
Statute: Idaho Code 38-115
Permit Cost: Free
Banned Materials: Garbage, tires, treated wood

Full Breakdown

Idaho Code 38-115 establishes the closed fire season, typically May 10 through October 20, during which no person may set, build, or maintain a fire in or near forest, brush, range, grain, grass, or stubble lands without a free permit from the Idaho Department of Lands. Idaho Code 38-107 prohibits leaving a fire unattended, and Idaho Code 18-7008 makes intentionally or negligently setting fire to lands a misdemeanor or felony depending on damage. The Department of Environmental Quality also bans burning of household garbage, tires, and treated wood under air quality rules. Counties may impose stricter restrictions but cannot waive state permit obligations.

Violations & Penalties

Burning without a required permit is a misdemeanor under Idaho Code 38-132; escaped fires may bring restitution and felony charges if structures are damaged.

Frequently Asked Questions

Do I need a burn permit in Idaho?

Yes, during the closed fire season from May 10 through October 20, a free permit from the Idaho Department of Lands is required for any outdoor burning on or near wildlands.

Can I burn trash in my yard in Idaho?

No. The Idaho Department of Environmental Quality prohibits open burning of household garbage, tires, plastics, and treated wood statewide regardless of any burn permit.

Idaho Closed Fire Season and Burn Permit Requirements