BUILDING
Florida Outdoor Burning Regulations
Know the Law Before You Strike That Match
in a Non-Rural County
SOURCE: Florida Department of Agriculture
and Consumer Services / Florida Division
of Forestry
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Original Brochure (PDF)
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 Did You Know?
Many people do not know or are not aware of
Florida's outdoor burning regulations, either
having moved here from out-of-state or never
having a reason to burn. If you are not familiar
with the burning regulations in your area,
this page can help you.
The Florida Division of Forestry administers
Florida's outdoor burning and forest fire laws.
In many areas more stringent local laws are
enforced. In some counties or cities, no outdoor
burning is allowed at all.
Forest Protection Laws
590.08 Unlawful Burning of Lands
It is unlawful
for any person to willfully or carelessly
burn or cause to be burned, or
to set fire to or cause fire to be set to,
any forest, grass, woods, wildland or marshes
not owned or controlled by such person.
590.12 Unlawful Burning Prohibited; Penalty
It
is unlawful for any person:
1.(a) To burn or
cause to be burned or to set fire
to or cause to be set to any forest
grass, woods, wildlands, marshes,
or
vegetative land clearing debris owned
or controlled by
such person without first obtaining
authorization from the Division of
Forestry;or
(b) To
fail to provide adequate fire lines,
manpower and firefighting equipment
for the
control of such fire; or
(c) To fail to watch
over a fire authorized under paragraph
(a) until it is extinguished;
or
(d) To permit a fire authorized under
paragraph(a) to escape from the authorized
area.
However, no authorization shall
be required for the setting of fire in a forest
protection
district where written permission to set
such fire has been obtained from the duly appointed
fire warden.
2. A person who violates any
provision of
this section is guilty of a misdemeanor
of the second degree, punishable as provided
in s.775.082, s775.083 or s775.084.
Residential Trash Burning
Yard Trash and household paper may be burned
in many Florida Counties under certain guidelines
without obtaining prior authorization from
the State of Florida
Definition of Yard Trash
Yard Trash means vegetative matter resulting
from landscaping and yard maintenance operations
and includes materials such as tree and shrub
trimmings, grass clippings, palm fronds, trees
and tree stumps. It does not include household
garbage.
Non-Rural Counties You May Burn If:
1. No local or county ordinance forbids it. 2. The material to be burned must be generated
on the premises where it it burned, and the
premises can be occupied by no more than two
family units. 3. The open burning is 50 feet or more from
any residence on the property where the burning
is being conducted, 300 feet from any other
occupied building, 100 feet or more from any
public road and 25 feet or more from any woodlands,
forest or brush. 4. The fire must be attended and adequate
fire equipment must be readily available at
all times. 5. The fires must not cause smoke, soot, odors,
visible emissions, heat, flame, radiation,
or other conditions to the degree that they
become a nuisance. 6. The fire must be started after 9 a.m. and
be out by one hour after sunset. 7. The burning must be enclosed in a noncombustible
container or ground excavation covered by a
metal mesh or grill. 8. The moisture content and composition of
the material to be burned must be favorable
to good burning so that air pollution is minimized.
Green or wet material may not be burned. 9. The burning of the following is prohibited:
tires, rubber materials, tar, railroad cross
ties, other creosoted lumber, plastics, waste
pesticide containers, garbage (food materials),
or trash other than yard trash and household
paper products.
Non-Rural counties in Florida are:
Alachua, Bay, Brevard, Broward*, Collier,
Dade*, Duval*, Escambia, Hillborough*, Lake,
Lee,Leon, Manatee, Marion, Okaloosa, Orange*,
Palm Beach*, Pasco, Pinellas*, Polk, St. Lucie,
Sarasota, Seminole, and Volusia.
*Note: The burning of yard trash and household
paper is legal in these counties only if municipal,
county or commercial solid waste collection
service for yard trash is not available on
a periodic basis of at least once a week. Prior
authorization must be obtained from the Department
of Environmental Regulation, and all the guidelines
listed above must be observed.
Home Incinerators
When Legal, home incinerators should be:
1. Constructed of a noncombustible material.
2. Be covered by a metal mesh or grill.
3. Have a raised lower platform made of a
metal grill or rods, to support the material
to be burned. This will allow air circulation
through the trash, and ashes that fall through
the platform can be removed.
4. A removable wire mesh at the bottom of
the barrel or incinerator will allow air intake
into the burning chamber, while at the same
time provide a place to remove ashes.
When no incinerator is available, a homeowner
can construct a pit in which to burn. The pit
must be covered by a metal mesh or grill also.
Burning Tips
A. Clear the ground to bare earth for 10 feet
on all sides of the burn area.
B. Avoid areas with trees that have low-hanging
limbs or moss.
C. Know what materials are legal to burn
in a home Incinerator.
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