Fire Pit Regulations in Arkansas (AR)

Arkansas is rated Moderate for fire pit regulations with a strictness score of 55/100. No state-level permit is required for residential fire pits in Arkansas. Fire pits must be at least 25 feet from any structure. The maximum fire pit diameter is 36 inches. Open burning is allowed with restrictions. Burn bans are frequent.

Permit Required No No state permit needed
Setback Distance 25 feet From structures
Max Diameter 36 inches State maximum
Burn Ban Frequency Frequent Check current status
Open Burning Allowed With restrictions
Strictness Score 55/100 Moderate

Full Fire Pit Regulations Summary for Arkansas

Permit Required No
Setback Distance 25 feet
Maximum Diameter 36 inches
Burn Ban Frequency Frequent
Open Burning Allowed Yes
Strictness Rating Moderate (55/100)
Gas Fire Pits Exempt from Burn Bans Yes -- gas fire pits typically exempt
Typical Fine Range Up to $1,000 and/or 1 year jail for burning during a county burn ban (Class A misdemeanor, Ark. Code 5-38-310); double damages for fires that cause harm (20-22-304); city fines from $50
Regulatory Authority Arkansas State Fire Marshal (Arkansas Fire Prevention Code) via city fire marshals; Division of Environmental Quality (APC&EC Rule 18); county judges and Arkansas Forestry Division for burn bans
Effective Date 2026-10-20

Detailed Regulations

Arkansas has no statewide fire pit permit. The Arkansas Fire Prevention Code (2021 International Fire Code as adopted by the State Fire Marshal, effective Jan. 1, 2023) requires a permit only for bonfires and silvicultural/range burns (Section 307.2). A recreational fire - fuel area no larger than 3 ft across and 2 ft high - must be 25 ft from any structure or combustible material (307.4.2); a manufactured portable outdoor fireplace must be 15 ft away, but that distance does not apply at one- and two-family homes (307.4.3). Fires must be constantly attended with a 4-A extinguisher, hose, sand or water at hand (307.5), and are prohibited when conditions make them hazardous (307.1.1). The state air code (APC&EC Rule 18.602) bans open burning of refuse, garbage, trade waste or other waste statewide; Rule 18.603(A) exempts cooking, ceremonial and recreational fires including residential outdoor fireplaces. Yard-waste burning is discouraged by state policy (Ark. Code 8-6-1702) and usually needs a city permit. County judges declare burn bans (12-75-108), which the Forestry Division says prohibit open-flame activities including campfires and open-flame grilling; burning during a ban is unlawful burning, a Class A misdemeanor (5-38-310). Cities may be stricter - Little Rock requires a permit for any open burning other than cooking fires.

Check current burn ban status: Arkansas State Fire Marshal (Arkansas Fire Prevention Code) via city fire marshals; Division of Environmental Quality (APC&EC Rule 18); county judges and Arkansas Forestry Division for burn bans - Official burn ban information

Fire Pit Regulations by City in Arkansas

Fire pit rules can vary by city even within the same state. Even though Arkansas does not require a state-level permit, some cities may have their own permit requirements. Below are fire pit details for 7 cities in Arkansas.

City Permit Setback Details
Little Rock Yes 25 ft City Code Ch. 12 defines open burning as any burning vented directly to the air and requires a fire department permit (apply 3 days ahead, $5 residential, clean fuel only). The only exemption is fires used for cooking food, including barbecues and outdoor fireplaces; a wood fire pit lit for warmth is not clearly exempt - confirm with the Fire Marshal. 2021 Arkansas Fire Prevention Code adopted effective Aug. 6, 2023 (25 ft recreational-fire setback, constant attendance).
Fayetteville No 50 ft Code 94.08 requires free same-day permission from the Fire Department for open burning (written around yard waste; online permit covers limbs, leaves and clippings from one residence), all burning at least 50 ft from any structure, attended at all times, out by dusk, no burning above 12 mph wind or below 35% humidity. Fire Department can declare citywide burn bans. Escaped fires: misdemeanor plus double damages (94.03); fines $50, up to $250/day continuing (94.99).
Fort Smith No 25 ft Brush, leaf and rubbish burning prohibited (Code 10-3). Recreational fire devices allowed without permit if professionally built of steel, brick or masonry, on a non-combustible surface, 25 ft from structures, overhangs, trees, decks, sheds, fences and property lines, max 3 ft diameter x 2 ft high, seasoned wood only, adult-attended, spark screen, covered when not in use. No use 1:00 a.m.-noon, in wind over 15 mph, or during a Sebastian County burn ban.
Springdale No 50 ft BBQ grills, smokers and small portable outdoor fireplaces need no permit but must be constantly attended with a means of extinguishment present. Yard-waste burns require a Fire Department permit: pile max 4 ft diameter, 50 ft from combustible construction, out before dark, no gasoline. Daily burn status: Communications Center 479-751-4542.
Jonesboro No 25 ft Fire Department issues no burn permits. Outdoor cooking in grills, cooking pits or outdoor fireplaces is permitted; notify the department 24 hours before a bonfire or ceremonial fire. Leaf piles max 3 ft x 2 ft, 25 ft from buildings and property lines, daylight only; no trash, construction debris or burn barrels.
Harrison No 10 ft Ordinance 1538 (11.03.04): recreational fires need no permit but must be at least 10 ft from any structure, no larger than 2 ft tall x 3 ft across, limbs/logs under 6 in. thick, contained in a brick, stone, metal or commercial fire ring; attended with an extinguishing agent, no accelerants. All other burning needs a same-day permit (870-741-6384); fire chief can impose a city burn ban.
Benton No 25 ft Ordinance 31 of 2007 restates the fire code: recreational fires and bonfires 25 ft from a structure or combustible material unless in a barbecue pit; fires in approved containers 15 ft from a structure; constantly attended with a charged hose, extinguisher, water barrel, dirt or sand ready.

Three Layers: The Fire Code, the Air Code, and the County Judge

Arkansas has no single "fire pit law." A backyard fire is governed by three systems that rarely mention each other. The Arkansas Fire Prevention Code sets the distance, size and attendance rules: it is the 2021 International Fire Code with Arkansas amendments, adopted by the State Fire Marshal and effective January 1, 2023, and cities adopt it by reference (Little Rock's ordinance picks up "the most current Arkansas Amendments" automatically). The Arkansas Air Pollution Control Code, APC&EC Rule 18, decides what material may be burned at all. And county judges declare burn bans that override both when it is dry, with a criminal statute behind them.

  • No state permit for a recreational fire. Section 307.2 of the fire code requires a permit only before a bonfire or a silvicultural, range or wildlife-management burn. A recreational fire or a portable outdoor fireplace is not on that list, and Rule 18.603(A) exempts "fires used for the non-commercial cooking of food or for ceremonial or recreational purposes" from the air code's burning ban, "including barbecues and outdoor fireplaces used in connection with any residence."
  • Cities may still prohibit burning. Rule 18.601 claims the air-quality field for the state but expressly lets local governments pass rules "for the purpose of prohibiting burning in the open." Several Arkansas cities do, so the local section below matters as much as the state code.

The Fire Code Numbers: 3 by 2 Feet, 25 Feet, 15 Feet

Arkansas adopted Section 307 of the 2021 IFC without changing the recreational-fire rules; its one addition, Section 307.4.4, covers construction-site warming fires "Unless prohibited by local or county ordinance or by local burn ban." The text as adopted is on UpCodes' Arkansas IFC viewer.

  • What counts as recreational: an outdoor fire burning something other than rubbish, not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, grill or barbecue pit, with "a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height," for pleasure, religious, ceremonial, cooking, warmth or similar purposes (Section 202). A ring of stones or a dug pit on the lawn is a recreational fire. A store-bought steel, clay or concrete unit is a portable outdoor fireplace, a separate category with its own rule.
  • Recreational fires: 25 feet. Section 307.4.2: "Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material," and conditions that could let the fire spread must be eliminated before ignition.
  • Portable outdoor fireplaces: 15 feet, with a homeowner exception. Section 307.4.3 requires use per the manufacturer's instructions and 15 feet of clearance from a structure or combustible material, but exempts "Portable outdoor fireplaces used at one- and two-family dwellings." At a house or duplex the manufacturer's clearance governs; a fire official can still order the fire out under Section 307.3 if it creates a hazard.
  • Attendance and extinguisher: Section 307.5 requires open burning, bonfires, recreational fires and portable outdoor fireplaces to be "constantly attended until the fire is extinguished," with at least one portable extinguisher rated 4-A, or sand, a water barrel or a garden hose, immediately available.
  • Hazardous conditions: Section 307.1.1 prohibits open burning "when atmospheric conditions or local circumstances make such fires hazardous," the hook fire marshals use on windy, dry days even without a county ban.

The Air Code: What You Can Never Burn

  • Waste is out, statewide. Rule 18.602: "No person shall cause or permit the open burning of refuse, garbage, trade waste, or other waste material." The rule defines open burning as a fire "in a receptacle having no means for significantly controlling the fuel/air ratio," so a burn barrel is open burning. Fire pits are fine only because of the cooking, ceremonial and recreational exemption in 18.603(A); the moment the pit becomes a trash incinerator the exemption is gone.
  • Yard waste is discouraged, not banned, by the state. Ark. Code § 8-6-1702 declares that "the open burning of residential yard waste should be discouraged," with enforcement to begin with education and "punitive sanctions reserved as the last resort" for nuisances and fire hazards. Many cities fill that gap with permit requirements, below.
  • Big debris piles need notice. § 20-22-302 requires anyone burning forest vegetation or land-clearing debris weighing a ton or more to notify the Forestry Division of the time and place first and to be present during the burn. The Division's Safe Burning Tips sheet gives the number: "Report your burn to the Forestry Division Dispatch Center at 1-800-830-8015," and advises against burning when humidity is below 35% or wind exceeds 5 mph.

County Burn Bans: Who Declares Them and What They Cover

Arkansas burn bans are county by county, declared by the county judge. The Forestry Division's Wildfire Danger & Burn Bans map carries the live list under the heading "County Judges Issue Burn Bans"; on October 20, 2026 it showed 51 of 75 counties under a ban. The legal mechanism is the local disaster emergency statute, § 12-75-108, which lets a political subdivision's chief executive declare an emergency for up to 120 days without the governing body's consent. Bans cluster in the two wildfire seasons the Division flags, February–April and August–October.

  • It is a crime to burn during a ban. § 5-38-310(a)(9) makes it unlawful burning to set fire to "any forest, brush, or other flammable material in violation of a burn ban on outdoor burning declared under § 12-75-108." Unlawful burning is a Class A misdemeanor; the Forestry Division's 2022 Fire Law booklet lists the penalty as a fine up to $1,000, up to a year in jail, or both. The only defenses are a permit from the official who issued the ban or burning your own crop residue after harvest with the fire breaks the county burn-ban officer requires.
  • Bans reach fire pits. The Division's February 2024 release says bans "primarily prohibit activities that involve an open flame," listing fireworks, campfires, trash burning, open-flame grilling and prescribed burns. Exact wording is in each county's order; Fort Smith's fire department quotes Sebastian County's as "all outdoor burning is banned" and applies it to recreational fire devices. Fayetteville's permit page warns that a city permit "does not exempt you" from county or fire-marshal bans.
  • You pay for what gets away. § 5-38-310 also covers letting a fire escape your control or burning debris without precautions, with escape to adjoining land treated as prima facie proof. Anyone responsible for a fire that damages another "shall make satisfaction in double damage" (§ 20-22-304), and an uncontrolled fire on forest, brush or grassland is a public nuisance whose suppression costs are billed to the person responsible (§ 20-22-303, in the Fire Law booklet).

What Cities Add

  • Little Rock: the city code (Chapter 12, §§ 12-7 to 12-13) defines open burning as any burning that vents "directly into the ambient air without passing through an adequate stack, duct, or chimney" and requires a fire department permit before it, applied for at least three days ahead, clean fuel only, $5 for a residential permit (§ 12-53). The sole carve-out: "No open burning permit is required for fires used for cooking of food, including barbecues and outdoor fireplaces." A wood fire pit lit for warmth alone is not clearly inside that exception, so ask the Little Rock Fire Marshal before assuming it is. The city adopted the 2021 Arkansas Fire Prevention Code effective August 6, 2023, so the 25-foot and attendance rules apply as well.
  • Fayetteville: Code § 94.08 requires free, same-day permission from the fire department for open burning, keeps all burning "closer than fifty feet from any structure" off limits, requires an attendant, and lets the department declare citywide burn bans. The section is written around yard waste and keys off the state yard-waste statute; the city's online burn permit covers "tree limbs, leaves and yard clippings from a single residential property," out by dusk, no burning above 12 mph wind or below 35% humidity. Letting a fire escape or spread to a neighbor's land is a misdemeanor with double damages (§ 94.03); fines run $50, doubled on repeat, up to $250 per day for a continuing violation (§ 94.99).
  • Fort Smith: brush, leaf and rubbish burning is prohibited outright (Code § 10-3), but the fire department allows recreational fire devices without a permit if they are professionally built of steel, brick or masonry, on a non-combustible surface, "No closer than 25 feet of any structure, overhang, trees/ vegetation, decking, porch, sheds, fences or adjacent property," no larger than 3 feet across or 2 feet high, seasoned wood only, attended by an adult, spark-screened, and covered when idle. No use between 1:00 a.m. and noon, none in wind over 15 mph, and none at all once Sebastian County declares a ban.
  • Harrison: Ordinance 1538 (§ 11.03.04), posted by the fire department, says recreational fires "do not require a permit" but must be no closer than 10 feet to a structure, no larger than 2 feet tall by 3 feet across, fueled with limbs or logs under 6 inches thick, and "contained by a fire ring made of brick, stone, metal or commercially designed fire pit." All other outdoor burning needs a same-day permit, and the fire chief can impose a city burn ban independent of the county.
  • Elsewhere: Springdale exempts "BBQ grills, smokers, and small portable outdoor fireplaces" from its yard-waste permit if constantly attended with a means of extinguishment; Jonesboro issues no permits, allows cooking in grills, pits and outdoor fireplaces, and asks for 24 hours' notice before a bonfire; Benton restates the fire code with 25 feet for recreational fires and 15 feet for approved containers.

Pattern to notice: every Arkansas city above allows a cooking fire without paperwork, most allow a contained recreational fire, and nearly all require a permit for yard debris. If your city is not listed, ask the fire marshal two questions: whether a wood fire pit counts as "open burning" under the local definition (as it does in Little Rock), and whether the county is under a ban today.

Sources

Code sections, rules and city pages last reviewed October 2026.

How Arkansas Compares to Other States

Below is a comparison of Arkansas with five states that have similar fire pit regulation strictness. This comparison helps illustrate where Arkansas stands nationally.

State Strictness Permit Setback Burn Bans Open Burn
Arkansas (AR) Moderate No 25 ft Frequent Yes
Vermont (VT) Moderate Yes 25 ft Seasonal Yes
Oklahoma (OK) Moderate No 25 ft Frequent Yes
Connecticut (CT) Moderate No 25 ft Seasonal Yes
Maine (ME) Moderate No 25 ft Seasonal Yes
Massachusetts (MA) Moderate No 25 ft Seasonal Yes

How to Stay Compliant with Fire Pit Rules in Arkansas

Following Arkansas's fire pit regulations protects you from fines, liability, and potential criminal charges. Here is a step-by-step compliance checklist specific to Arkansas:

  1. Verify no local permit is needed: While Arkansas does not require a state-level permit, check with your city or county -- cities like Little Rock may have local requirements.
  2. Measure your setback distance: Your fire pit must be at least 25 feet from any structure, fence, property line, or overhanging branches. Measure from the nearest edge of the fire pit to the nearest point of the structure. Consider adding 5 extra feet as a safety buffer.
  3. Choose the right size: Arkansas limits fire pits to 36 inches in diameter. Measure the interior burning area, not the outer rim.
  4. Check burn ban status before every use: Arkansas has frequent fire restrictions. Always check current status before any fire pit use.
  5. Select appropriate fuel: Wood-burning fire pits are allowed in Arkansas (when burn bans are not active). Use only clean, dry, untreated firewood. Never burn trash, painted wood, or treated lumber.
  6. Prepare safety equipment: Keep a fire extinguisher, garden hose, or bucket of water within 10 feet of the fire pit at all times. A spark screen is recommended for wood-burning fire pits.

Gas vs. Wood-Burning Fire Pits in Arkansas

Your choice between a gas and wood-burning fire pit has significant regulatory implications in Arkansas. Here is how the two types compare under Arkansas's current rules:

Feature Gas Fire Pit Wood-Burning Fire Pit
Permit Required Usually no Usually no (permanent installations may)
Allowed During Burn Bans Usually yes (no sparks or embers) No -- prohibited during all burn bans
Air Quality Restrictions Exempt from no-burn days Prohibited on no-burn days
Setback Distance 25 ft (same as wood) 25 ft
Smoke & Neighbor Impact No smoke, no embers, minimal odor Smoke, sparks, and ash (neighbor complaints common)
Best For Arkansas Strongly recommended -- fewer restrictions year-round Limited use -- frequent burn bans restrict availability

Frequently Asked Questions About Fire Pits in Arkansas

Do I need a permit for a fire pit in Arkansas?

No, Arkansas does not require a state-level permit for residential fire pits. However, your city or county may have its own permit requirements, especially for permanent, built-in fire pits. Always check with your local fire department.

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

In Arkansas, fire pits must be at least 25 feet from any structure, including your house, garage, shed, fence, and overhanging trees. This setback also typically applies to property lines. Some local jurisdictions may require greater distances. Always measure from the nearest edge of the fire pit to the nearest point of the structure.

How big can a fire pit be in Arkansas?

In Arkansas, the maximum fire pit diameter is 36 inches. This applies to the interior burning area. Fire pits larger than this may require a special permit or variance from your local jurisdiction. The fire should generally not exceed 3 feet in height.

Are there burn bans in Arkansas?

Burn bans are frequent in Arkansas due to elevated wildfire or fire risk. Multiple burn bans may be enacted throughout the year during dry, hot, or windy conditions. Always check current burn ban status before using any fire pit. Gas fire pits may be exempt from some burn bans.

Can I burn wood in a fire pit in Arkansas?

Yes, wood-burning fire pits are generally allowed in Arkansas, subject to setback requirements, burn ban status, and local regulations. Use only clean, dry, untreated firewood. Never burn trash, painted wood, treated lumber, or yard waste in a fire pit. A spark screen is recommended.

What are the penalties for violating fire pit regulations in Arkansas?

Penalties for violating fire pit regulations or burn bans in Arkansas vary by jurisdiction but can include fines ranging from $100 to $10,000 or more. If a fire pit causes property damage or a wildfire, the responsible party may be held liable for all suppression costs and damages. In severe cases, criminal charges including arson or reckless endangerment may apply. Always follow all fire pit regulations and check burn ban status before lighting any outdoor fire.

Related Resources for Arkansas Homeowners

Check Fire Pit Rules for Your City

Use our fire pit regulations lookup tool to find the specific rules for your city in Arkansas, or browse all 50 states to compare fire pit regulations across the country. Remember that local rules may be more specific than state-level regulations. Always check with your local fire department before installing or using a fire pit.

Shop Fire Pits & Accessories

Find the perfect fire pit that meets your state's regulations.

Fire Pits on Amazon Wood-burning, propane, and gas fire pits. Portable and permanent options. Shop Fire Pits → Fire Pit Covers & Screens Spark screens, weather covers, and fire-resistant mats to stay compliant. Shop Accessories → HomeAdvisor Get quotes from local pros for permanent fire pit installation. Find Installers →

Some links above are affiliate links — if you buy through them we may earn a small commission at no extra cost to you. As an Amazon Associate we earn from qualifying purchases.

Related Free Tools