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Idaho Statewide Rule

Idaho Closed Fire Season and Burn Permit Requirements

Heavy RestrictionsApplies statewide across Idaho (2026)

Key Facts

Closed Season
May 10-Oct 20
Statute
Idaho Code 38-115
Permit Cost
Free
Banned Materials
Garbage, tires, treated wood
Last verified: August 21, 2026Source: Idaho Legislature

Summary

Idaho Department of Lands declares an annual closed fire season requiring burn permits for any outdoor burning on protected lands, with criminal liability for fires that escape control.

The period from May 10 to October 20, inclusive, of each year shall be known as the closed season. During the closed season it shall be unlawful for any person to set or cause to be set a fire in any slashing area, or a fire to any stump or stumps, log or logs, down or standing timber or to set or cause to be set, a fire on any forest or range lands or dangerously near thereto, or in any field in any forest protective district, without having first procured a permit from the fire warden of the district, provided, that unless campfires have been prohibited during critical hazard periods, campfires may be set without permit provided there is compliance with the provisions of section 38-116, Idaho Code.

Source: Idaho LegislatureView official code

Full Breakdown

Idaho Code 38-115 establishes the closed fire season, typically May 10 through October 20, during which no person may set or maintain a fire on or dangerously near forest, brush, range, grain, grass, or stubble lands in a forest protection district without a free permit from the fire warden (Idaho Department of Lands). Burn permits are free and valid for a limited period. Allowing a fire to escape or spread can carry criminal liability and restitution for suppression costs. The Department of Environmental Quality separately bans open burning of household garbage, tires, plastics, and treated wood under air quality rules. Counties may impose stricter restrictions but cannot waive the state permit obligation.

Violations & Penalties

Setting a fire during the closed season without the required permit is unlawful under Idaho Code 38-115; an escaped fire can bring restitution for suppression costs and additional criminal 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.

Sources

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