Burn permits and fire pits in Newport Beach, California
You can't burn brush, yard waste or trash at a Newport Beach home: the South Coast Air Quality Management District's Rule 444 bans residential burning and waste disposal by fire. Recreational fires and fires for cooking or warmth using natural gas, propane, untreated wood or charcoal are exempt from the burn-permit system, but city fire code limits on fire pits weren't in the sources we reviewed.
| Residential burning (yard waste, trash) | Prohibited [1] |
| Fire pits, cooking and warming fires | Exempt from Rule 444 if using natural gas, propane, untreated wood or charcoal [3] |
| Other open burning | Only on permissive or marginal burn days with a written permit and a daily Burn Authorization Number [4] |
| Beach fires | Only in devices meeting spacing rules and when PM2.5 AQI is forecast at 100 or less [5] |
Brush and yard waste
Newport Beach is in the South Coast Air Quality Management District (SCAQMD). This page relies on the district's Rule 444 (as amended July 12, 2013), not on city code. Rule 444 prohibits residential burning and the disposal of waste by open burning, except for a short list of authorized categories [1]. Residential burning means burning combustible or flammable solid waste from a residence on its own premises [2], so homeowners can't burn brush piles, leaves, or trash.
The open burning the district does allow (agricultural burning, prescribed burns, fire hazard abatement a fire agency can't handle another way, and similar) requires a declared permissive or marginal burn day, a written permit from the district or fire agency, and a Burn Authorization Number for each day [4]. These don't apply to typical homeowners.
Fire pits and barbecues
Recreational and ceremonial fires, and burning natural gas, propane, untreated wood or charcoal to cook food or keep warm at a social gathering, are exempt from Rule 444's burn-permit requirements [3]. That covers backyard fire pits, chimineas and barbecues as far as the air district is concerned. During November through February, the district can declare mandatory winter burning curtailment days under its Rule 445 (Wood-Burning Devices), when burning wood is restricted below 3,000 feet elevation.
Beach fires
Beach burning (wood fires on public sandy beaches) is allowed only when PM2.5 air quality is forecast at 100 or less and the fire is in a device at least 700 feet from the nearest home, or devices are at least 100 feet apart (50 feet if there are no more than 15 on a stretch of beach) [5]. A city can also declare beach fire devices a nuisance and limit them further. Fires using charcoal or gas aren't counted as beach burning.
City rules
The city's fire code amendments (Municipal Code Title 9) may limit open flames, fire pits or outdoor fireplaces further. We couldn't download them, so check with the Newport Beach Fire Department before installing a wood-burning fire pit.
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Next steps
- Don't burn yard waste, brush or trash; dispose of it through your trash or yard-waste service or by composting.
- For a backyard fire pit, use natural gas, propane, untreated wood or charcoal, and check SCAQMD's no-burn alerts from November through February.
- Ask the Newport Beach Fire Department about city fire code limits on wood-burning fire pits and outdoor fireplaces.
- For beach fires, use only designated beach fire devices, and check the air quality forecast.
Common questions
- Can I burn yard waste in Newport Beach, California?
- No. The South Coast Air Quality Management District's Rule 444 bans residential burning, so Newport Beach homeowners can't burn brush, leaves, yard waste or trash. Dispose of it through trash or yard-waste service or by composting.
- Are fire pits legal in Newport Beach, California?
- Yes, as far as the air district is concerned: recreational fires and fires for cooking or warmth using natural gas, propane, untreated wood or charcoal are exempt from Rule 444's burn-permit requirements. City fire code limits on fire pits weren't reviewed, so check with the Newport Beach Fire Department before installing a wood-burning one.
- Can you have a bonfire at Newport Beach, California?
- Only in beach fire devices that meet spacing rules and when PM2.5 air quality is forecast at 100 or less. A city can also limit beach fire devices further, so use only designated devices.
- Are there no-burn days in Newport Beach, California?
- Yes. From November through February, the air district can declare mandatory winter burning curtailment days under Rule 445, when burning wood is restricted below 3,000 feet elevation. Check SCAQMD's no-burn alerts before using a wood 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
- Rule 444(d)(3), South Coast AQMD Rule 444 - Open Burning, p. 9
(3) A person is prohibited from open burning for: (A) Residential burning (B) Disposal of waste, except as specified in (d)(2) above, including hospital waste
- Rule 444(c)(28) Definitions, South Coast AQMD Rule 444 - Open Burning, p. 6
(28) RESIDENTIAL BURNING means open burning for the purposes of disposing of combustible or flammable solid waste, excluding Russian thistle, from a specific residence on its premises.
- Rule 444(h)(6) Exemptions, South Coast AQMD Rule 444 - Open Burning, p. 15
(A) Recreational fires or ceremonial fires, including fires conducted pursuant to United States Code, Title 4, Chapter 1, Section 8. (B) Open burning of natural gas, propane, untreated wood, or charcoal for the purpose of: (i) Preparation or warming of food for human consumption; or (ii) Generating warmth at a social gathering.
- Rule 444(d)(1), South Coast AQMD Rule 444 - Open Burning, p. 7
(A) The Executive Officer has declared the day a permissive burn day or a marginal burn day on which burning is permitted in the applicable source/receptor area and such burning is not prohibited by the applicable public fire protection agency. (B) The Executive Officer or the applicable fire protection agency has issued a written permit for the burn.
- Rule 444(d)(3)(G), South Coast AQMD Rule 444 - Open Burning, p. 9
(i) PM2.5 AQI of 100 or less has been forecast for the coastal source receptor area; and (ii) beach burning occurs in devices that are: (I) at least 700 feet from the nearest residence;. or (II) at least 100 feet apart from one another; or (III) at least 50 feet apart from one another, if there are no more than 15 devices per contiguous beach area within the city’s boundaries.