Burn permits and fire pits in Hillsborough, California
Backyard brush and yard-waste burning isn't allowed: the Bay Area Air District's open-burning rule bans it, apart from narrow fire-hazard burns approved by a fire official. Recreational fires in a fire pit using clean dry wood, and cooking fires, are allowed except during Mandatory Burn Ban periods declared by the air district (Spare the Air alerts).
| Brush/yard-waste burning | Not allowed (air district open-burning ban) [2] |
| Recreational fires / fire pits | Allowed with clean dry wood [4] |
| When banned | Mandatory Burn Ban (Spare the Air) days [5] |
| Cooking fires | Exempt [6] |
| Fire pit in setback | 5 ft from lot line, 40 ft from neighbor's house, neighbor consent [8] |
Brush and yard-waste burning
Hillsborough is in the Bay Area Air Quality Management District, whose Regulation 5 forbids open burning except for listed exceptions [1]: no one may light or maintain a fire in the district unless the regulation allows it [2]. The allowed categories are agricultural, flood-control, wildland management and similar burns; none covers ordinary backyard brush or yard-waste piles. Even fire-hazard reduction burns must be set or allowed by a public fire official who finds the fire necessary and the hazard impossible to abate any other way [7]. A narrow defensible-space exception (material over 5 cubic yards cleared under a fire official's order, burned where it grew, and only if chipping or hauling isn't feasible) rarely fits a typical Hillsborough lot. In practice, chip, compost or haul away brush instead of burning it.
Fire pits and recreational fires
Recreational fires are exempt from the general ban [3]. That covers campfires, bonfires, handwarming fires and similar social fires, as long as only clean dry wood and fire starter are used and it isn't a business [4]. Recreational fires are banned during the air district's Mandatory Burn Ban periods (Spare the Air alerts) [5]. Fires used only for cooking food are exempt from the regulation [6].
Building a fire pit
A built-in fire pit or outdoor BBQ is an unenclosed structure; it can go in the interior setback only if it is no more than 8 feet high, at least 5 feet from the side/rear line, 40 feet from any neighboring house, more than 25 feet from the street, and the neighbor agrees in writing [8]. As an exterior change it also goes through design review.
Liability
Hillsborough's fire code (the California Fire Code as amended by the town, enforced by Central County Fire Department) makes anyone whose violation causes fire damage liable for unlawful burning and for firefighting costs [9].
Prohibited materials
State rules ban burning household garbage and using burn barrels at homes. Check the Central County Fire Department for any added local fire-season restrictions.
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Next steps
- Dispose of brush by chipping, composting or green-waste collection rather than burning.
- Before lighting a fire pit, check the Bay Area Air District's Spare the Air / burn-ban status for that day.
- Burn only clean, dry firewood; no trash, yard waste or treated wood.
- For a built-in fire pit, check setbacks and design review with the Planning Division ((650) 375-7422) and fire safety with Central County Fire Department.
Common questions
- Can I burn brush or yard waste in Hillsborough, California?
- No. The Bay Area Air District's open-burning rule bans backyard brush and yard-waste burning, apart from narrow fire-hazard burns approved by a fire official.
- Can I have a fire pit in Hillsborough, California?
- Yes, recreational fires in a fire pit using clean dry wood are allowed, except during Mandatory Burn Ban periods declared by the air district (Spare the Air alerts). Cooking fires are exempt.
- What are the fire pit setbacks in Hillsborough, California?
- A fire pit in a setback must be 5 ft from the lot line and 40 ft from a neighbor's house, with the neighbor's consent.
- Is there a burn ban in Hillsborough, California?
- A Mandatory Burn Ban applies on Spare the Air days declared by the air district. Check the Bay Area Air District's status for that day before lighting a fire pit.
California rules on outdoor burning and fire pits
Outdoor burning is controlled mainly by your regional air district and CAL FIRE or your local fire agency, and city codes add more limits.
Statewide rules:
- No trash burning: since January 1, 2004, a California Air Resources Board rule has banned burning household garbage outdoors at homes, and burn barrels can't be used, even for vegetation. Dry vegetation grown on the property may be burned in open piles unless local rules prohibit it, on days the air district allows.
- Fire permits in wildland areas: in state responsibility areas and other areas CAL FIRE protects, burning brush or other vegetation needs a written permit during fire season, and at any time in some zones (Pub. Res. Code §4423).
- Cooking and recreational fires are not covered by the state open-burning ban (Health & Safety Code §41806). Air districts can still restrict them.
Examples of air district rules (check yours):
- Bay Area Air District: open burning is prohibited unless a specific exemption applies (Regulation 5). Recreational fires are allowed except during a Mandatory Burn Ban. During a Spare the Air Alert, it's illegal to burn wood in fireplaces, wood stoves or outdoor fire pits (Regulation 6, Rule 3).
- South Coast AQMD: residential burning (burning a home's combustible waste on site) is banned (Rule 444). From November through February, declared No-Burn days bar indoor and outdoor wood-burning devices, including fire pits and chimineas (Rule 445), with some exemptions.
Other districts have their own burn-day systems; check yours and your city fire code.
What the ordinance says
- BAAQMD Reg. 5-101, BAAQMD Regulation 5 - Open Burning (amended October 1, 2025), p. 3
5-101 Description: This Regulation forbids open burning within the District with certain exceptions.
- BAAQMD Reg. 5-301, BAAQMD Regulation 5 - Open Burning (amended October 1, 2025), p. 6
301.1 A person shall not ignite, cause to be ignited, permit to be ignited, or suffer, allow, or maintain any fires within the District.
- BAAQMD Reg. 5-112, BAAQMD Regulation 5 - Open Burning (amended October 1, 2025), p. 3
5-112 Limited Exemption, Recreational Fires: A fire set for recreational purposes is exempt from the requirements of Section 301.
- BAAQMD Reg. 5-223, BAAQMD Regulation 5 - Open Burning (amended October 1, 2025), p. 6
5-223 Recreational Fires: A fire used for social, cultural or other activities including, but not limited to, campfires, bonfires, ceremonial fires, handwarming fires, raku or pit pottery curing fires, or fires conducted as part of an unusual event such as fire walking provided only clean dry wood and fire starter is used, and the activity is not part of a business for gainful occupation.
- BAAQMD Reg. 5-302, BAAQMD Regulation 5 - Open Burning (amended October 1, 2025), p. 6
5-302 Mandatory Burn Ban for Recreational Fires: No person shall ignite, cause to be ignited, permit to be ignited, or suffer, allow, or maintain any recreational fires during Mandatory Burn Ban periods, as defined in Regulation 6, Rule 3: Wood-Burning Devices, Section 6-3-301.
- BAAQMD Reg. 5-110, BAAQMD Regulation 5 - Open Burning (amended October 1, 2025), p. 3
110.1 Fires set only for cooking of food for human beings.
- BAAQMD Reg. 5-401.6, BAAQMD Regulation 5 - Open Burning (amended October 1, 2025), p. 8
The fire must be set or allowed by any public fire official having jurisdiction, in the performance of official duty. The fire must, in the opinion of such officer, be necessary, and the fire hazard not able to be abated by any other means.
- Setbacks - Unenclosed Structures, Development Standards - Annotated Excerpts from the Zoning Ordinance (Revised July 2026), p. 6
Unenclosed structures, such as tennis courts or other courts, play structures, arbors, trellises, outdoor built-in BBQs, fire pits, swimming pools, spas, and hot tubs, fountains or similar structures may be located within the interior setback area, if the structure meets all of the following:
- Sec. 15.20.095(C), Municipal Code Title 15 Ch. 15.20 Fire Code, p. 1
Any person whose violation of this chapter results in fire damage to persons or property shall be charged with unlawful burning and is liable for costs incurred by the fire department and other responding county or state fire agencies for suppression activities.