Florida Burn Laws and Ordinances

Brevard County Burn Ban effective May 8, 2024. Burn Ban Press Release. 

Recreational fire is defined as the noncommercial burning of materials, other than rubbish, for pleasure, religious, ceremonial, cooking, or similar purposes. The total fuel area of a recreational fire must not exceed 3 feet in diameter and 2 feet in height. The fuel burned must not be contained in an incinerator, a barbecue grill, or a barbecue pit.

The safety precautions that must be in place for a recreational fire are

  • Recreational fires shall be constantly attended by a competent person until such fire is extinguished.
  • This fire attendant shall have a garden hose connected to the water supply or other fire-extinguishing equipment readily available for use.
  • Recreational fires shall not be located within 25 feet of a structure or flammable material unless contained in an approved manner such as a well-built non-combustible fire pit.
  • Conditions that could cause a fire to spread to within 25 feet of a structure shall be eliminated prior to ignition.

Recreational fires are not allowed

  • On public property without notification and approval from authorities.
  • When the Governor, County Manager or their designee issues a Burn Ban.
  • When atmospheric conditions or local circumstances make such fire hazards.

Yard waste is defined as a vegetative debris such as grass clippings, brush, leaves, tree limbs, palm fronds, etc., that are a result of yard maintenance.

In Brevard County, burning authorizations are required for agricultural, silvicultural, land clearing, pile and acreage burning. You must obtain authorization from the Florida Forest Service.

Burning authorizations are not required to burn yard waste if you meet the required setbacks and there are no, local, city or county ordinances in place that prohibit burning.

You may burn yard waste if

  • You meet the required setbacks and no local, city or county ordinances prohibit burning.
  • The yard waste was generated on your property, and it will fit in an 8-foot diameter pile or non-combustible container.
  • Your fire is ignited after 8:00 am central time or 9:00 am eastern time and is extinguished one hour before sunset.
  • Smoke is not a hazard of nuisance.

It is illegal to burn

  • Household garbage including paper products
  • Treated lumber or wood
  • Plastics
  • Rubber materials
  • Tires
  • Pesticides
  • Chemicals
  • Paint
  • Aerosol containers

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