Burn permits and fire pits in Los Gatos, California
Burning brush or yard waste at home is generally not allowed in Los Gatos: the Bay Area Air District's Regulation 5 bans open burning except for 17 listed fire types, mostly agricultural, land-management and fire-agency burns, plus fire-hazard-reduction burns authorized by a fire official. The Town Code we reviewed has no local burn-permit or fire-pit rules.
| Open burning | Prohibited Bay Area-wide except 17 listed fire types [1] |
| Agricultural burning | Only on commercially operated farms [2] |
| Notification and fee | Required for most allowed burns [3] |
| Penalty | Civil penalties up to $10,000 per day [4] |
| Fire agency | Santa Clara County Central Fire Protection District [6] |
Brush and yard-waste burning
Los Gatos is in the Bay Area Air Quality Management District. Its Regulation 5 prohibits open burning throughout the Bay Area except for 17 listed fire types allowed on designated Burn days during set burn periods [1]. Those types are agricultural, flood-control, range, forest and marsh management, fire training, contraband, filmmaking and public exhibition fires, and similar burns authorized by a fire or public official. The fact sheet also lists fires for fire hazard reduction among the legal types [7]; those need authorization from a fire official, so hillside owners clearing brush should ask the fire district. Ordinary backyard burning of leaves or household yard waste isn't on the list. Agricultural burning is limited to commercially operated farms [2].
If a burn type does apply
Most allowed burners must notify the Air District and pay a fee before burning [3], and burning is allowed only on days the Air District declares Burn days [5]. A local fire agency may also require a burn permit, and violations of the open burning rules can bring civil penalties of up to $10,000 per day [4]. For fire-hazard reduction burns, contact the fire district first.
Fire pits and outdoor fireplaces
The Town's fire code amendments and the zoning sections we reviewed don't address recreational fires, fire pits or outdoor fireplaces. Fire service in Los Gatos is provided by the Santa Clara County Central Fire Protection District [6], so check with it before using a wood-burning fire pit. Air District wood-burning rules (separate from Regulation 5) bar burning wood in fire pits on Spare the Air alert days.
Getting rid of yard waste
Since burning isn't an option for typical homeowners, use green-waste collection or composting instead.
See how Los Gatos compares with 8+ other California towns on burn permits & backyard fires →
Next steps
- Don't burn brush or yard waste at home; use green-waste collection or composting.
- Before using a wood-burning fire pit, check the Air District burn status line (1-800-HELP-AIR) for Spare the Air or No Burn days.
- For any fire-hazard reduction or other special burn, contact the Santa Clara County Fire Department and file an Air District open burning notification.
Common questions
- Can I burn yard waste or brush in Los Gatos, California?
- Generally no. The Bay Area Air District's Regulation 5 bans open burning except for 17 listed fire types, mostly agricultural, land-management and fire-agency burns, plus fire-hazard-reduction burns authorized by a fire official.
- Do I need a burn permit in Los Gatos, California?
- The Town Code we reviewed has no local burn-permit rules. Most allowed burns require notification to the Air District and a fee.
- What is the penalty for illegal burning in Los Gatos, California?
- Civil penalties can reach $10,000 per day.
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
- Regulation 5 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.
- Regulation 5 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.
- Regulation 5 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.
- Regulation 5 fact sheet, 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.
- Regulation 5 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.
- Sec. 6.100.020(a), Town Code Chapter 6, Article X - California Fire Code (local amendments), p. 1
The Town is included in the Santa Clara County Central Fire Protection District.
- Regulation 5 fact sheet, Open Burning Regulation, Bay Area Air Quality Management District - Open Burning fact sheet (Regulation 5), p. 1
Several other types of fires are legal in the Bay Area, such as fires for natural resource management, cleanup of flood debris, and for fire hazard reduction.