Fire Pit Regulations by State

Find the fire pit rules that apply to your area. Select your state and city below to see local regulations on permits, setback distances, fire pit size limits, burn ban frequency, and open burning laws. Rules vary significantly by state -- from lenient states with no permit needed to strict states where wood-burning fire pits are effectively banned.

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Fire Pit Strictness by State - All 50 States + DC

The grid below shows fire pit regulation strictness for every US state and DC. Currently, 20 states require a permit for fire pits, and 15 states prohibit open burning. The average setback distance is 23 feet. Click any state for full fire pit regulations, city-level data, and safety guidance.

AZ Strict Frequent Arizona NV Strict Frequent Nevada NM Strict Frequent New Mexico UT Strict Frequent Utah HI Strict Frequent Hawaii DC Strict Year-Round Risk District of Columbia CA Strict Frequent California CO Strict Frequent Colorado MA Strict Seasonal Massachusetts NJ Strict Seasonal New Jersey RI Strict Seasonal Rhode Island CT Strict Seasonal Connecticut NY Strict Seasonal New York OR Strict Seasonal Oregon WA Strict Seasonal Washington FL Strict Frequent Florida WI Strict Seasonal Wisconsin ME Moderate Seasonal Maine NH Moderate Seasonal New Hampshire VT Moderate Seasonal Vermont OK Moderate Frequent Oklahoma MN Moderate Seasonal Minnesota AL Lenient Seasonal Alabama AR Lenient Seasonal Arkansas DE Lenient Seasonal Delaware GA Lenient Seasonal Georgia ID Lenient Seasonal Idaho KS Lenient Seasonal Kansas KY Lenient Seasonal Kentucky LA Lenient Seasonal Louisiana MI Lenient Seasonal Michigan MS Lenient Seasonal Mississippi MT Lenient Seasonal Montana NE Lenient Seasonal Nebraska NC Lenient Seasonal North Carolina ND Lenient Seasonal North Dakota SC Lenient Seasonal South Carolina SD Lenient Seasonal South Dakota TN Lenient Seasonal Tennessee VA Lenient Seasonal Virginia WV Lenient Seasonal West Virginia WY Lenient Seasonal Wyoming IL Lenient Rare Illinois IN Lenient Rare Indiana IA Lenient Rare Iowa MO Lenient Rare Missouri OH Lenient Rare Ohio TX Lenient Seasonal Texas MD Lenient Rare Maryland PA Lenient Rare Pennsylvania AK Lenient Seasonal Alaska

Strictest vs. Most Lenient States for Fire Pits

Fire pit regulations range from very strict (permit required, small diameter limits, frequent burn bans, open burning prohibited) to very lenient (no permit, no size limit, rare burn bans). Here are the 10 strictest and 10 most lenient states:

Strictest States

#	State	Permit	Setback	Open Burn
1	Arizona	Yes	25 ft	No
2	Nevada	Yes	25 ft	No
3	New Mexico	Yes	25 ft	No
4	Utah	Yes	25 ft	No
5	Hawaii	Yes	20 ft	No
6	District of Columbia	Yes	15 ft	No
7	California	Yes	15 ft	No
8	Colorado	Yes	15 ft	No
9	Massachusetts	Yes	25 ft	No
10	New Jersey	Yes	25 ft	No

Most Lenient States

#	State	Permit	Setback	Open Burn
1	Alaska	No	15 ft	Yes
2	Pennsylvania	No	15 ft	Yes
3	Maryland	No	15 ft	Yes
4	Texas	No	25 ft	Yes
5	Illinois	No	25 ft	Yes
6	Indiana	No	25 ft	Yes
7	Iowa	No	25 ft	Yes
8	Missouri	No	25 ft	Yes
9	Ohio	No	25 ft	Yes
10	Alabama	No	25 ft	Yes

Understanding Fire Pit Regulations

Fire pit regulations exist to protect homes, property, and natural areas from the risk of uncontrolled fire. These rules are set at the state, county, and city level, which means regulations can vary significantly even within the same state. Before building or using a fire pit, it is essential to check the rules for your specific location.

Key Fire Pit Rules to Check

Before installing or using a fire pit, you need to understand several key regulations:

Permit requirements: Some states and cities require a permit for fire pits, especially permanent installations. Portable fire pits may be exempt.
Setback distance: The minimum distance your fire pit must be from structures, property lines, and combustible materials. Typically 15-25 feet.
Maximum diameter: Many jurisdictions limit fire pit size to 36 or 48 inches in diameter. Some have no limit.
Burn ban status: Check whether a burn ban is currently in effect. Burn bans may prohibit all outdoor fires, including fire pits.
Open burning rules: Some states prohibit open burning entirely, which may affect wood-burning fire pits. Gas fire pits are usually exempt.
Fuel restrictions: Only burn clean, dry firewood. Never burn trash, treated wood, painted materials, or yard waste in a fire pit.
Attendance: Nearly all jurisdictions require fire pits to be attended at all times and fully extinguished before leaving.
HOA rules: Homeowner associations may have additional fire pit restrictions beyond local regulations.

Gas vs. Wood-Burning Fire Pits

Gas fire pits (propane or natural gas) are increasingly preferred by regulators and are often subject to fewer restrictions than wood-burning fire pits. In states with strict air quality regulations or frequent burn bans, gas fire pits may be the only option. Gas fire pits produce no smoke, embers, or ash, making them safer in dense residential areas. However, they typically cost more to install and may still require a permit and setback compliance.

Fire Pit Safety Tips

Regardless of local regulations, follow these safety best practices for any fire pit:

Place on a level, non-combustible surface (stone, brick, or concrete)
Keep a fire extinguisher, garden hose, or bucket of water nearby
Never use gasoline, lighter fluid, or accelerants to start a fire pit
Keep children and pets at a safe distance
Do not use a fire pit during high winds (typically 15+ mph)
Use a spark screen on wood-burning fire pits
Never leave a fire pit unattended
Fully extinguish and douse with water before leaving

Frequently Asked Questions

Do I need a permit for a fire pit in my backyard?

It depends on your state and city. Currently, 20 states generally require some form of permit for residential fire pits, while 31 states allow them without a permit. However, even in states without a state-level requirement, your city or county may require a permit -- especially for permanent, built-in fire pits. Portable fire pits are less likely to need a permit. Always check your local fire department or building department's website for the most current requirements.

How far does a fire pit need to be from my house?

Most jurisdictions require fire pits to be at least 15 to 25 feet from any structure, including your house, garage, shed, fence, or overhanging trees. The national average setback is about 23 feet. Some states like California, New York, and Washington require only 15 feet, while most states require 25 feet. Always check your specific local regulations, as they may differ from state-level guidelines. This setback also typically applies to property lines.

Can I have a fire pit during a burn ban?

Generally, no. When a burn ban is in effect, all outdoor fires -- including fire pits -- are prohibited. However, some burn bans exempt gas fire pits since they do not produce sparks or embers. The specifics depend on the type of burn ban (Stage I vs. Stage II) and your local jurisdiction. Always check with your local fire department or forestry service for the current burn ban status before using any fire pit. Violating a burn ban can result in fines of $500 to $10,000 or more.

What is the maximum size for a backyard fire pit?

Many jurisdictions limit recreational fire pits to 36 inches in diameter, though some allow up to 48 inches. Some states have no state-level size limit, leaving it to local jurisdictions. The fire should generally not exceed 3 feet in height. If you want a larger fire pit, check with your local building department -- you may need a special permit or variance. Larger fire pits may also require greater setback distances.

Are fire pits legal in my state?

Fire pits are legal in all 50 states and DC, but the regulations governing their use vary significantly. In some states (like Arizona, California, and Colorado), strict rules effectively limit you to gas fire pits during much of the year. In other states (like Texas, Ohio, and Indiana), regulations are relatively lenient. The key factors are permit requirements, setback distances, burn ban frequency, and whether open burning is allowed. Use our lookup tool above to find the specific rules for your state and city.