Missouri Statewide Rule

Missouri Drought Burn Ban and Open-Burning Law

Some RestrictionsApplies statewide across Missouri (2026)

Key Facts

Statute: RSMo 49.266.3
Trigger: Fire marshal + Drought Monitor
Drought level: Severe, extreme, or exceptional
Max penalty: Class A misdemeanor
Exempts: Agricultural burning with BMPs

Last verified: July 31, 2026

Summary

When the state fire marshal finds a natural disaster and the U.S. Drought Monitor rates a Missouri county in severe, extreme, or exceptional drought, the county commission may ban open burning under RSMo 49.266.

Upon a determination by the state fire marshal that a burn ban order is appropriate for a county because: (1) An actual or impending occurrence of a natural disaster of major proportions within the county jeopardizes the safety and welfare of the inhabitants of such county; and (2) The U.S. Drought Monitor has designated the county as an area of severe, extreme, or exceptional drought, the county commission may adopt an order or ordinance issuing a burn ban

View official code

Full Breakdown

RSMo 49.266.3 lets a first-, second-, third-, or fourth-class county commission order a burn ban once two conditions align: the state fire marshal determines a natural disaster jeopardizes the county's safety, and the U.S. Drought Monitor designates the county as an area of severe, extreme, or exceptional drought. A violation of the burn ban can be punished as a class A misdemeanor, up to one year in jail and a $2,000 fine. The order exempts state fire management agencies and agricultural burning conducted with best management practices, and it leaves consumer fireworks sales protected under section 320.106 untouched.

Violations & Penalties

Open burning in defiance of an active county burn ban is prosecutable as a class A misdemeanor in Missouri: up to one year in jail and a fine of up to $2,000.

Frequently Asked Questions

Is open burning banned statewide in Missouri?

No. There is no permanent statewide ban. A burn ban applies only in a county where the state fire marshal and U.S. Drought Monitor conditions trigger it under RSMo 49.266.

Does a burn ban stop agricultural burning?

No. RSMo 49.266 exempts agricultural burning conducted using best management practices, and it does not restrict state fire management agencies carrying out their duties.

What is the penalty for burning during a ban?

A county may make a violation of its burn ban order carry a penalty up to a class A misdemeanor, meaning as much as one year in jail and a $2,000 fine.

Sources

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