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Burn permits and fire pits in Lafayette, California

Lafayette, Contra Costa County · Ordinances checked 2026-10-05 · Reviewed · 11 cited sections

Restricted

Backyard burning of brush or yard waste isn't allowed in Lafayette: the Bay Area Air District bans open burning, with no homeowner exemption. A fire pit or campfire using only clean, dry wood is allowed, except on Mandatory Burn Ban (Spare the Air) days.

Brush/yard-waste burningProhibited (no residential exemption) [1]
Fire pits/recreational firesAllowed, clean dry wood only [2]
Burn ban daysNo recreational fires [3]
Cooking firesExempt [5]
Defensible-space (PRC 4291) burnsOnly under a fire official's order; no earlier than 9:30 a.m., nothing added after 2 hours before sunset [8]
Clear flammable weeds and debrisWithin 30 ft of the house [9]

Brush and yard-waste burning

Lafayette's municipal code doesn't have its own open-burning rules; the Bay Area Air District's Regulation 5 governs. It bans all open fires in the district unless the regulation specifically allows them [1]. There is no exemption for homeowners burning leaves, brush or yard trimmings. The allowed categories are agricultural, wildland and public-agency fires set or approved by officials. One narrow exception covers fires to dispose of natural vegetation cleared under a fire official's defensible-space order (Public Resources Code §4291) [6]. Even then, burning is limited to permissive burn days [7], may not start before 9:30 a.m. [8], no fuel may be added after two hours before sunset [10], the Air District must be notified in advance [8], and the material must be impossible to remove by vehicle with chipping, composting and similar alternatives not feasible [11]. Treat brush burning as not allowed unless the fire district directs it.

Lafayette's fire-safety code instead favors clearing: landscape plans should provide for removing flammable weeds and debris within 30 feet of the house [9]. Chip, compost or haul away green waste.

Fire pits and recreational fires

Recreational fires are exempt from the general ban [2]. That covers campfires, bonfires and similar social fires, provided only clean dry wood and fire starter is used and it isn't part of a business [4]. Cooking fires (barbecues) are also exempt [5].

Recreational fires are illegal during Mandatory Burn Ban periods (Spare the Air winter alerts) [3]. Check the Air District's burn status before lighting a fire pit or outdoor fireplace, especially from November through February.

Prohibited materials

Only clean, dry wood may be burned in a recreational fire [4]. Garbage, treated wood, plastics and similar materials are not allowed.

Fire district

Lafayette is served by the Contra Costa County Fire Protection District (ConFire). The ConFire fire code ordinance we have is a scanned copy, and its extracted text doesn't address recreational fires or fire pits. Call ConFire about high-fire-danger restrictions and outdoor fireplace placement.

See how Lafayette compares with 8+ other California towns on burn permits & backyard fires →

Next steps

  1. Don't burn yard waste; use green-waste collection, chipping or composting instead.
  2. Before using a fire pit, check the Bay Area Air District's burn status for Mandatory Burn Ban days.
  3. Burn only clean, dry firewood, never trash, treated wood or yard clippings.
  4. Ask the Contra Costa County Fire Protection District about restrictions during high fire danger and safe placement of outdoor fireplaces.

Common questions

Can I burn yard waste or brush in Lafayette, California?
No. The Bay Area Air District bans open burning, with no homeowner exemption.
Can I have a fire pit in Lafayette, California?
Yes. A fire pit or campfire using only clean, dry wood is allowed, except on Mandatory Burn Ban (Spare the Air) days.
Can I burn for defensible space in Lafayette, California?
Only under a fire official's order, no earlier than 9:30 a.m., with nothing added after 2 hours before sunset.

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.

State sources: CARB, Outdoor Residential Waste Burning · Pub. Res. Code §4423 (CAL FIRE burn permits) · Health & Safety Code §41806 (cooking and recreational fires) · Bay Area Air District, Regulation 5: Open Burning (amended Oct 1, 2025) · Bay Area Air District, 2025 wood burning rule amendments (news release) · South Coast AQMD Rule 444, Open Burning · South Coast AQMD Rule 445, Wood-Burning Devices

What the ordinance says

Exact text from Lafayette's published ordinances. Section numbers are as printed in the source.

  1. Reg. 5, Sec. 5-301 Prohibition of Fires, BAAQMD Regulation 5 - Open Burning (amended October 1, 2025), p. 6
    5-301 Prohibition of Fires: Except as provided in this regulation: 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.
  2. Reg. 5, Sec. 5-112 Limited Exemption, Recreational Fires, 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.
  3. Reg. 5, Sec. 5-302 Mandatory Burn Ban for Recreational Fires, 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.
  4. Reg. 5, Sec. 5-223 Recreational Fires, 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.
  5. Reg. 5, Sec. 5-110.1 Exemptions, BAAQMD Regulation 5 - Open Burning (amended October 1, 2025), p. 3
    110.1 Fires set only for cooking of food for human beings.
  6. Reg. 5, Sec. 5-401.6.3 Public Resources Code Section 4291 fires, BAAQMD Regulation 5 - Open Burning (amended October 1, 2025), p. 8
    6.3 Public Resources Code Section 4291 fires: Hazardous Material fires conducted to dispose of materials generated to comply with an order or notice issued by a fire official pursuant to Section 4291 of the State Public Resources Code are permitted.
  7. Reg. 5, Sec. 5-301.2, BAAQMD Regulation 5 - Open Burning (amended October 1, 2025), p. 6
    301.2 No burning shall take place within the District other than on a permissive burn day, or in excess of any acreage burning allocation or limitation.
  8. Reg. 5, Sec. 5-401.6.3 Public Resources Code Section 4291 fires, BAAQMD Regulation 5 - Open Burning (amended October 1, 2025), p. 8
    Public Resources Code Section 4291 fires are not subject to the requirements of subsection 5-111.1. No fires involving piled material shall be ignited or take place before 9:30 a.m. local time on any day.
  9. Sec. 3-503(c)(5) Landscaping, Municipal Code Title 3 Ch. 3-5 Fire Safety
    Require removal of flammable weeds and debris within 30 feet of the house.
  10. Reg. 5, Sec. 5-111.2 Special Conditions, BAAQMD Regulation 5 - Open Burning (amended October 1, 2025), p. 3
    111.2 No additional materials or fuel shall be ignited, nor shall any material or fuels be added to any fire after two hours before sunset on any day.
  11. Reg. 5, Sec. 5-401.6.3.4, BAAQMD Regulation 5 - Open Burning (amended October 1, 2025), p. 8
    3.4 the material is inaccessible for removal by vehicle and available alternatives to burning such as shredding, chipping, composting, disking, plowing, and harrowing are not feasible; and
This page summarizes Lafayette's posted ordinances as of 2026-10-05. Ordinances are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with City of Lafayette Planning & Building / Code Enforcement, 3675 Mt. Diablo Blvd., Suite 210 (building permits & building-code violations handled by Contra Costa County Building Inspection Dept., Lamorinda office 925-299-0263; County code enforcement 925-655-2710) (925-284-1968 (Code Enforcement); Planning 925-284-1976) before you build. Spot an error?