Fire Pit Regulations in Wisconsin (WI)
Wisconsin is rated Strict for fire pit regulations with a strictness score of 65/100. A permit is generally required for residential fire pits in Wisconsin. 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 seasonal.
Full Fire Pit Regulations Summary for Wisconsin
| Permit Required | Yes |
| Setback Distance | 25 feet |
| Maximum Diameter | 36 inches |
| Burn Ban Frequency | Seasonal |
| Open Burning Allowed | Yes |
| Strictness Rating | Strict (65/100) |
| Effective Date | 2025-01-01 |
Detailed Regulations
Wisconsin requires a burning permit from the DNR for outdoor fires in many areas, though recreational campfires may be exempt. The Wisconsin DNR manages fire prevention and may issue county-level burn bans. Fire pits must be at least 25 feet from structures. Maximum fire pit size is typically 36 inches in diameter. Burning is prohibited between 6 AM and 6 PM from April 1 through May 31 without a DNR permit in fire-prone areas.
Fire Pit Regulations by City in Wisconsin
Fire pit rules can vary by city even within the same state. While Wisconsin generally requires a permit, city-level rules may have additional requirements. Below are fire pit details for 3 cities in Wisconsin.
| City | Permit | Setback | Details |
|---|---|---|---|
| Milwaukee | Yes | 25 ft | Permit required. Fire pits must be 25 feet from structures. Maximum 36-inch diameter. No burning of yard waste. |
| Madison | Yes | 25 ft | Permit required for recreational fires. 25-foot setback. Must be attended. Gas fire pits may be exempt from permit. |
| Green Bay | Yes | 25 ft | Burn permit required. 25-foot setback from structures. Fire season restrictions apply in spring. |
How Wisconsin Compares to Other States
Below is a comparison of Wisconsin with five states that have similar fire pit regulation strictness. This comparison helps illustrate where Wisconsin stands nationally.
| State | Strictness | Permit | Setback | Burn Bans | Open Burn |
|---|---|---|---|---|---|
| Wisconsin (WI) | Strict | Yes | 25 ft | Seasonal | Yes |
| Florida (FL) | Strict | Yes | 25 ft | Frequent | Yes |
| Maine (ME) | Moderate | Yes | 25 ft | Seasonal | Yes |
| New Hampshire (NH) | Moderate | Yes | 25 ft | Seasonal | Yes |
| Vermont (VT) | Moderate | Yes | 25 ft | Seasonal | Yes |
| New York (NY) | Strict | Yes | 15 ft | Seasonal | No |
Frequently Asked Questions About Fire Pits in Wisconsin
Do I need a permit for a fire pit in Wisconsin?
Yes, Wisconsin generally requires a permit for residential fire pits. Contact your local fire department or building department for the specific permit process and fees. Some jurisdictions may exempt small, portable fire pits.
How far does a fire pit need to be from my house in Wisconsin?
In Wisconsin, 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 Wisconsin?
In Wisconsin, 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 Wisconsin?
Burn bans in Wisconsin are seasonal, typically enacted during dry months when wildfire risk is elevated. Check your county's burn ban status before using a fire pit. During an active burn ban, all outdoor fires -- including fire pits -- are typically prohibited.
Can I burn wood in a fire pit in Wisconsin?
Yes, wood-burning fire pits are generally allowed in Wisconsin, 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 Wisconsin?
Penalties for violating fire pit regulations or burn bans in Wisconsin 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.
Check Fire Pit Rules for Your City
Use our fire pit regulations lookup tool to find the specific rules for your city in Wisconsin, 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.