Due to the increase in popularity of fire pits, local authorities started to worry about all the possible ways things could go wrong and as a result they imposed a lot of strict laws regarding fire pits.
Unfortunately those laws are usually formulated in complex ways that makes them hard to understand. So I decided to make this article where I am going to explain as plainly as possible those laws.
In all states it’s legal to have a fire pit in your backyard, as long as you follow the safety rules. The most important laws that you have to follow are: the distance from the house, owning a fire permit, burning only permitted materials,and respecting the no burn alerts.
So there are a few things that you have to take into consideration, so let’s take a closer look at each one of them.
Table of Contents
How Far Should a Fire Pit Be From the House?
Most people want to build a permanent fire pit, so let’s start with this law first. How far should the fire pit be from the house?
The short answer is 20 feet.
The exact distance will differ from state to state, a lot of them require 10 feet from any structure, others 15, and others require 20 feet. Even if your state requires only 10 feet my suggestion is to build your fire pit at least 20 feet from any structure.
The reason for this is that laws can change. And at any moment your perfectly legal fire pit might end up illegal.
If you want to know the exact distance required you could always check out this page where I discussed the laws of each state separately, or you could use the search function of the site and type the name of your state.
Do I Need a Permit for Open Fires in My State?
The answer to this question will greatly depend on the state in which you live. So here is a table with all the states and what the law says.
One thing to keep in mind is that fire pits are considered open fires, this is why the law says that you need a permit for an open fire.
| State | What The Law Says |
| Alabama | Alabama only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Alaska | Alaska requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Arizona | Arizona requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Arkansas | Arkansas only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| California | California requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Colorado | Colorado requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Connecticut | Connecticut requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Delaware | Delaware only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Florida | Florida only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Georgia | Georgia requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Hawaii | Hawaii requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Idaho | Idaho requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Illinois | Illinois requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Indiana | Indiana only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Iowa | Iowa requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Kansas | Kansas only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Kentucky | Kentucky only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Louisiana | Louisiana only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Maine | Maine only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Maryland | Maryland only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Massachusetts | Massachusetts requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Michigan | Michigan requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Minnesota | Minnesota only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Mississippi | Mississippi requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Missouri | Missouri only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Montana | Montana requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Nebraska | Nebraska requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Nevada | Nevada only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| New Hampshire | New Hampshire requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| New Jersey | New Jersey requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| New Mexico | New Mexico only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| New York | New York only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| North Carolina | North Carolina only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| North Dakota | North Dakota requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Ohio | Ohio only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Oklahoma | Oklahoma requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Oregon | Oregon only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Pennsylvania | Pennsylvania requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Rhode Island | Rhode Island only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| South Carolina | South Carolina only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| South Dakota | South Dakota only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Tennessee | Tennessee only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Texas | Texas only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Utah | Utah only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Vermont | Vermont only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Virginia | Virginia only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Washington | Washington only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| West Virginia | West Virginia requires you to have a special permit for open fires, this includes fire pits. So you can’t use a fire pit if you don’t own one. |
| Wisconsin | Wisconsin only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
| Wyoming | Wyoming only requires a special permit for big open fires. So you don’t need one to own and use a fire pit. |
But even with a permit there are some restrictions so let’s continue with the laws.
Other things that you have to take into consideration, besides the laws of the state, are the community laws. Some communities might have certain restrictions that others don’t.
In most cases this means that people that live in a neighborhood filled with houses might be able to have an open fire, while people that live in the middle of a city filled with apartment buildings can’t have an open fire on their balcony.
The best way to check this out is to call your local fire stations and ask them if you need any special permit for a fire pit. In general most areas filled with houses don’t need an extra permit, but it’s always a good idea to check.
Now that we know under what conditions you can own a fire pit, let’s take a look at what you can burn.
What You Can and Can’t Burn
You are allowed to burn:
- Brush
- Pine needles
- Grass
- Clean wood
- Cane Grass
- Driftwood
- Forestry Debris (but not from commercial or industrial land clearing)
- Agricultural materials including fruit tree and bush prunings, raspberry stalks
You are not allowed to burn:
- Leaves
- Brush, trees, driftwood from commercial or industrial land clearing
- Tires
- Construction materials or demolition debris
- Household trash
- Plastics
- Shingles
- Foam
- Wire
- Metal
- Electronics
- Vinyl products
- Rubber products
- Oil-based products
- Painted, stained or treated wood
Most fire pits use either wood, or propane so there are no restrictions on those. And things like lava or glass rocks are also considered ok to use.
No Burn Alerts
Depending on the current circumstances the authorities might issue a no burn alert. This means that under no circumstance you are not allowed to light any fire, and this includes fire pits.
Those no burn periods are not usually scheduled in advance, so I can’t tell you any exact dates. So you will have to watch the news or check the state website and see if the state issues one.
No burn alerts are usually issued when there is a wildfire, a building is burning, or when the weather is extremely hot or dry.
Fire Pit Cooking Laws
At some point you might want to make some marshmallows at the fire pit, or you might want to use it for BBQ, which is great, a fire pit can do those things exceptionally well. The only problem is that at that point the law no longer considers it an open fire, so the laws change a little.
When it comes to laws fire pits can be a little tricky since they fall in two very distinct categories. All states have two sets of laws when it comes to open fires. One of them is for cooking, so it includes grills and smokers, the other one is for open fires, so it includes things like bonfires and fire pits/
Fire pits are usually used for recreational and decorative purposes, not for cooking. But sometimes they will be used for cooking.
In all states you are allowed to have an open fire for cooking, those fires are usually not as regulated as other open fires. So in general the only rules that they have subjected to are:
- Kept at a reasonable size
- Locate away from combustible materials
- Contain in a non-flammable enclosure
While other open fires are subjected to a lot of other rules. My suggestion is to follow all the rules even if you are using your fire pit for cooking. There are two reasons why I recommend you this.
The first one is that you are probably following most of them already, if you look at all the laws I mentioned so far you have probably realized that all of them are quite simple, and there is nothing absurd there. And just by simply taking normal precautions you are already following them all.
The second reason is that all of those rules are there for your safety. So there is no good reason not to follow them.
General Fire Pit Safety Tips
In the end let’s go over some general safety rules, some of them are considered laws in some states while some aren’t. But my suggestion is to follow all of those tips since their only purpose is to ensure your safety.
Here are some general fire pit safety tips that will definitely come in handy:
- An adult should always be present and attend the fire until it is completely extinguished.
- Keep children and pets a safe distance away.
- If the fire gets out of control, call the fire local department right away.
- Put the fire out if winds pick up or the weather changes.
- Keep fire extinguishing materials handy. Some good options are a fire extinguisher, or a garden hose. And test the water source before lighting the fire.
- Keep any flammable and explosive materials away from the fire.
- Be careful of the wind power and direction.
- Keep a safe distance from the fire pit.
- Don’t add too much wood to the fire at once, it can fall from the pit.
- Don’t leave the fire pit unsupervised.
- When you are done extinguish the fire.
Final Thoughts
At a first sight fire pit laws can be quite complicated, but this is mostly due to the fact that it’s hard to make them part of a certain category so they usually end up on the open burning section, where you will find a lot of laws that aren’t meant for fire pits directly.
But after you remove all the formal wording from the laws and you replace it with simpler terms (without changing the meaning), those laws start to make a lot more sense.
So these are the laws that you have to follow when you own a fire pit. The only thing that I suggest you do now is to check the website of your local fire station, or call them, and check if there are any extra local fire laws. As I said some areas might have some extra fire laws that you can’t know about unless you talk with the local authorities.
*Note that I am not a lawyer and this is not legal advice. The materials available on this website are for informational purposes only and not for the purpose of providing legal advice.