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Burn permits and fire pits in Los Altos, California

Los Altos, Santa Clara County · Ordinances checked 2026-10-05 · Reviewed · 8 cited sections

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Backyard brush or yard-waste burning is generally not allowed in Los Altos: the Bay Area Air District bans open burning except for 17 listed fire types, mostly agricultural, fire-management and other official burns, none of which covers ordinary yard cleanup. Outdoor fireplaces and similar fire features are allowed in the rear yard or buildable area, at least 5 feet from property lines.

Backyard brush/yard-waste burningNot among allowed types; Bay Area bans open burning except 17 listed fire types [1]
Agricultural burningOnly on commercially operated farms [2]
Notification and feeRequired for most allowed burns [4]
Burn daysEvery day is declared a Burn or No Burn day [5]
PenaltyUp to $10,000 per day [6]
Outdoor fireplace/fire feature locationRear yard or buildable area, at least 5 ft from property lines [7]

Brush and yard-waste burning

Los Altos has no local burn-permit program in the code we reviewed. The Bay Area Air Quality Management District's Regulation 5 controls open burning in Santa Clara County. It prohibits open burning throughout the Bay Area except for 17 specific fire types, allowed only on designated Burn days in set seasons [1]. Those types are agricultural, fire-training, flood-control, range and forest management, filmmaking and similar fires. Agricultural burning is allowed only on farms operated commercially [2], so burning brush, leaves or prunings on a home lot isn't an allowed type. The fact sheet also mentions fires for fire hazard reduction and flood-debris cleanup; those go through a fire official and the Air District, not a homeowner's own decision. Use green-waste collection or chipping instead.

Where burning is allowed, only materials grown on site may be burned. Lumber, plastics, rubber and animal waste are banned [3]. Most burners must notify the Air District and pay a fee first [4], every day is declared a Burn or No Burn day [5], and a local fire agency may also require a burn permit. Violations can cost up to $10,000 per day [6].

Fire pits and outdoor fireplaces

The zoning code treats outdoor fireplaces, barbecues and outdoor kitchens as allowed structures. They can go within the house's buildable area, or in the rear setback at least 5 ft from any property line, but not in the front or side setbacks [7]. A built-in fire pit is likely a "similar structure." Fire safety is governed by the 2025 California Fire Code, which the city has adopted with local amendments [8]. Those amendments don't cover recreational fires. The Santa Clara County Fire Department enforces fire rules in Los Altos.

When you can't burn

Statewide and air-district rules on wood-burning bans (such as Spare the Air days) are shown separately on this page.

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

Next steps

  1. Don't burn yard waste at home; use the city's green-waste collection or rent a chipper.
  2. Place an outdoor fireplace or built-in fire pit in the rear yard or buildable area, at least 5 ft from property lines, and ask the Building Division if gas lines or construction need a permit.
  3. Check the Bay Area Air District burn status (1-800-HELP-AIR) before using a wood-burning fire pit.
  4. Ask Santa Clara County Fire Department about any fire-code limits on recreational fires at your address.

Common questions

Can I burn yard waste or brush in Los Altos, California?
Generally no. The Bay Area Air District bans open burning except for 17 listed fire types, mostly agricultural, fire-management and other official burns, none of which covers ordinary yard cleanup.
Can I have a fire pit or outdoor fireplace in Los Altos, California?
Outdoor fireplaces and similar fire features are allowed in the rear yard or buildable area, at least 5 feet from property lines.
What is the penalty for illegal open burning in Los Altos, California?
Penalties can reach $10,000 per day, and most allowed burns require notification and a fee.

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 Los Altos's published ordinances. Section numbers are as printed in the source.

  1. BAAQMD fact sheet, "Open Burning Regulation", Bay Area Air Quality Management District - Open Burning fact sheet (Regulation 5), p. 1
    The Air District's Regulation 5 prohibits open burning throughout the Bay Area with the exception of 17 types of fires that are allowed on designated Burn days during pre-established burn periods as shown in the open burning calendar.
  2. BAAQMD fact sheet, "Open Burning Regulation", Bay Area Air Quality Management District - Open Burning fact sheet (Regulation 5), p. 1
    Under Regulation 5, agricultural burning can take place only on farms that are operated for commercial purposes.
  3. BAAQMD fact sheet, "Open Burning Regulation", Bay Area Air Quality Management District - Open Burning fact sheet (Regulation 5), p. 1
    Only materials grown on site can be burned and cannot include feed or fertilizer containers, finished lumber, plastic or rubber products, plumage, hides, fur, offal or fecal material, or refuse from plant or animal processing.
  4. BAAQMD fact sheet, "Notification", Bay Area Air Quality Management District - Open Burning fact sheet (Regulation 5), p. 2
    Regulation 5 requires most burners to notify the Air District and pay a fee prior to open burning.
  5. BAAQMD fact sheet, "Burn Days", Bay Area Air Quality Management District - Open Burning fact sheet (Regulation 5), p. 1
    The Air District designates each day of the year as either a Burn or No Burn day, based on meteorological criteria established by the California Air Resources Board.
  6. BAAQMD fact sheet, page 2, Bay Area Air Quality Management District - Open Burning fact sheet (Regulation 5), p. 2
    In some cases, a burn permit may also be required by local fire agency ordinances. Under state law, violations of the Air District's open burning regulations may be subject to civil penalties of up to $10,000 per day.
  7. Sec. 14.06.120(A) Outdoor kitchens, barbeques, fireplaces, Municipal Code Chapter 14.06 - R1-10 Single-Family District, p. 1
    Outdoor kitchens, barbeques, fireplaces, and similar structures shall be allowed in the main structure's building envelope, and in the required rear yard setback with a minimum setback of five feet from any property line. Said structures shall not be located in the required front or side yard setback areas.
  8. Sec. 12.22.010 Adoption of the 2025 California Fire Code, Municipal Code Chapter 12.22 - Fire Code (local amendments), p. 1
    There is hereby adopted by the City, for the purpose of prescribing regulation governing conditions hazardous to life and property from fire or explosion, that certain code known as the 2025 California Fire Code, contained in the 2025 California Code of Regulations, Title 24, Part 9, which incorporates and amends the International Fire Code 2024 Edition, published by the International Code Council, including Appendix Chapters B, C, D and O, save and except such portions as are hereinafter deleted, modified or amended by this chapter.
This page summarizes Los Altos'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 Development Services Department - Code Enforcement Division (Building Division 650-947-2752), 1 N San Antonio Road (650-947-2775) before you build. Spot an error?