Burn permits and fire pits in Mill Valley, California
Backyard brush or yard-waste burning isn't allowed in Mill Valley: the Bay Area Air District's Regulation 5, which covers Marin County, bans open burning except 17 listed fire types, mostly agricultural, training and fire-hazard burns that a public official must set or allow. Recreational fires using only clean dry wood, such as in a fire pit, and cooking fires are exempt, but recreational fires are banned during declared Mandatory Burn Ban (Spare the Air) periods. We didn't have Mill Valley's or Southern Marin Fire District's fire code, so local fire pit limits weren't reviewed.
| Open burning | Prohibited except 17 listed fire types [2] |
| Agricultural burning | Only on commercial farms [4] |
| Fire-hazard burns | Must be set or allowed by a fire official [5] |
| Recreational fires (fire pits) | Allowed with clean dry wood, except during Mandatory Burn Bans [11] |
| Cooking fires | Exempt [12] |
| Notification | Most allowed burns need Air District notice and a fee [6] |
| Max penalty | Up to $10,000 per day [8] |
Air District rules
Mill Valley is in Marin County, inside the Bay Area Air Quality Management District, which controls outdoor burning region-wide. Its Regulation 5 bans open burning everywhere in the district except for 17 fire types allowed on designated Burn days during set burn periods [1]. The rule itself says no one may ignite or maintain any fire in the district [2] except the listed allowable fires, which are allowed only on permissive burn days [3].
What that means for brush and yard waste
None of the 17 types is ordinary backyard disposal of yard waste. Most are agricultural, and agricultural burning is limited to farms operated for commercial purposes [4]. The others cover things like natural resource management, flood debris, fire training, filmmaking and public exhibitions. The closest to a homeowner burn, a fire-hazard reduction fire, must be set or allowed by a public fire official who finds it necessary and that the hazard can't be removed any other way [5], so it isn't something a homeowner can simply choose to do. Where a fire type is allowed, most burners must notify the Air District and pay a fee first [6], some types are limited to certain months and need a public official's authorization, and a local fire agency burn permit may also be required [7]. Violations can bring civil penalties of up to $10,000 per day [8].
Fire pits and recreational fires
Recreational fires are exempt from the general ban [9]. That covers campfires, bonfires, handwarming fires and similar fires that use only clean dry wood and fire starter and aren't part of a business [10]. Fires set only for cooking food are also exempt [12]. Recreational fires are not allowed during Mandatory Burn Ban periods, which the Air District declares as Spare the Air alerts [11]. We couldn't obtain Mill Valley's municipal code or Southern Marin Fire District's fire code amendments, which may add local limits on fire pits and outdoor fires (for example clearances, approved devices or high fire-danger days), so check with the fire district before using a wood-burning fire pit.
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Next steps
- Don't burn brush or yard waste; it isn't one of the Air District's allowed fire types.
- Before using a wood-burning fire pit, check for a Spare the Air alert / Mandatory Burn Ban (1 (800) HELP AIR or baaqmd.gov), and burn only clean dry wood.
- Ask Southern Marin Fire District about local fire code limits on fire pits and outdoor fireplaces for your property.
- For a fire-hazard reduction or other exempt burn, get Southern Marin Fire District's authorization and file the Air District's Open Burning Notification Form (baaqmd.gov/forms/compliance-forms) with the fee before burning on a Burn day.
Common questions
- Can I burn brush or yard waste in Mill Valley, California?
- No. The Bay Area Air District's Regulation 5, which covers Marin County, bans open burning except 17 listed fire types, mostly agricultural, training and fire-hazard burns that a public official must set or allow. None of them is ordinary backyard disposal of yard waste.
- Are fire pits allowed in Mill Valley, California?
- Generally yes. Recreational fires using only clean dry wood, such as in a fire pit, and cooking fires are exempt from the Air District's ban, but recreational fires are not allowed during Mandatory Burn Ban (Spare the Air) periods. Local fire code limits weren't reviewed, so check with Southern Marin Fire District.
- How do I get a burn permit in Mill Valley, California?
- For a fire-hazard reduction or other exempt burn, get Southern Marin Fire District's authorization and file the Air District's Open Burning Notification Form with the fee before burning on a Burn day. Fire-hazard burns must be set or allowed by a public fire official, so homeowners can't simply choose to do one.
- What is the fine for illegal burning in Mill Valley, California?
- Violations of the Air District's open-burning rule can bring civil penalties of up to $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
- Open Burning Regulation (Regulation 5), 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.
- 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. 5-401, BAAQMD Regulation 5 - Open Burning (amended October 1, 2025), p. 6
5-401 Allowable Fires: The following fires may be allowed on permissive burn days:
- Open Burning Regulation (Regulation 5), 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.
- 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.
- 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.
- Open Burning, Bay Area Air Quality Management District - Open Burning fact sheet (Regulation 5), p. 2
Others are restricted to Burn days within certain months and must be authorized by the appropriate public official. In some cases, a burn permit may also be required by local fire agency ordinances.
- Open Burning, Bay Area Air Quality Management District - Open Burning fact sheet (Regulation 5), p. 2
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.
- 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.