Common Exemptions Found in Most States
Most state open burning regulations include explicit exemptions for the following categories. These activities generally do not require a formal burn permit, though you must still follow safety rules and local ordinances:
1. Campfires and Recreational Fires
A fire used for warmth, ambiance, or outdoor recreation — burning only natural, untreated wood — is exempt from open burning permit requirements in virtually every state. The key distinctions: the fire must burn only natural wood (not manufactured fire logs that contain chemicals), and it must not be used to burn yard debris or other vegetative waste. A campfire that you start adding brush piles to becomes an open burn and may require a permit.
2. Outdoor Cooking Fires
Cooking fires — charcoal grills, wood-fired ovens, smokers, fire pit cooking — are universally exempt. These fires burn charcoal, natural wood, or manufactured cooking-grade wood products and are not considered open burning under any state regulation. There is no jurisdiction in the US that requires a permit to grill in your backyard.
3. Contained Fire Pits (Residential)
Backyard fire pits — manufactured metal fire pits, stone-ring fire pits, chimineas — used for recreational burning of natural wood are exempt in most states. Some localities impose container-size limits or setback requirements for fire pits without formal permit requirements. Burning yard debris in a fire pit, however, may bring you under open burning rules.
4. Approved Incinerators
Some states exempt burning in approved outdoor wood boilers, agricultural incinerators, or waste incinerators that have received separate DEQ permits. This is not a residential exemption — it applies to equipment-based burning that has its own regulatory pathway.
The Critical Boundary: When a Fire Becomes an Open Burn
The line between an exempt recreational fire and a regulated open burn is generally:
- What you're burning: Natural wood only = recreational fire. Yard debris, brush piles, leaves = open burn (permit required in most states)
- The purpose: Warmth/recreation = recreational fire. Waste disposal = open burn
- The scale: A small fire pit = recreational. A large pile of material = open burn
The practical risk: you start a campfire in your backyard and begin adding the brush pile you've been meaning to burn. The moment you add debris material, you've crossed from an exempt recreational fire into regulated open burning territory.
What Still Applies Even When No Permit Is Required
Even when your fire is fully exempt from permit requirements, you still have obligations:
- Only burn allowed materials (no garbage, no prohibited materials)
- Maintain basic setbacks from structures (most localities require 10–25 feet minimum for fire pits)
- Never leave the fire unattended
- Have water or a fire extinguisher accessible
- Comply with local noise and nuisance ordinances
- Obey any burn bans in effect (recreational fires may also be prohibited during active bans)
Frequently Asked Questions
In most states, a recreational fire pit used for warmth or ambiance and burning only natural wood is exempt from formal burn permit requirements. However, your city or county may have local ordinances restricting fire pits. And if you use the fire pit to burn yard debris, you may cross into regulated open burning that requires a permit.
During active burn bans or fire restrictions, campfires and recreational fires may also be prohibited — it depends on the ban's specific terms. Many burn bans cover all open fires including campfires. Always read the specific terms of any active ban before lighting any fire.
'Bonfire' is not a regulatory category in any state. A large outdoor fire is regulated based on what's burning and why, not what it's called. A large fire burning yard debris or brush is an open burn requiring a permit. A large recreational fire burning only natural wood may be exempt, but the size may trigger local ordinances requiring notification.