Burn permits and fire pits in Orinda, California
Backyard brush or yard-waste burning is effectively not allowed in Orinda: the Bay Area Air District's Regulation 5 bans open fires unless a specific exemption applies, and those exemptions cover farming, fire-hazard fires set by fire officials and similar cases. A recreational fire pit using clean dry wood is allowed, except on Mandatory Burn Ban days. Check the Moraga-Orinda Fire District for its own fire-pit and fire-season rules, which we couldn't review.
| General rule | No open fires in the Air District unless the regulation allows them [1] |
| Recreational fires (fire pits, campfires) | Exempt from the general ban [2] |
| Recreational fire fuel | Clean dry wood and fire starter only; not part of a business [3] |
| Burn ban days | No recreational fires during a Mandatory Burn Ban [4] |
| Cooking fires | Exempt [5] |
| Fire-hazard brush fires | Only if set or allowed by a public fire official, when no other way to abate the hazard [6] |
| Indoor wood-burning fuels banned | Garbage, treated wood, plastic, rubber, petroleum products, paints, coal [7] |
Who regulates burning
Orinda's zoning code requires every use to comply with the rules of the Bay Area Air Quality Management District (BAAQMD) [8]. The District's Regulation 5 (amended October 1, 2025) is the main rule for outdoor fires. We could not review the Moraga-Orinda Fire District's fire code or burn rules, which may add limits on fire pits, fire seasons and high-fire-danger days.
Brush and yard waste
Regulation 5 says no one may light or maintain a fire in the District except as the regulation provides [1]. The allowed categories are mostly agricultural, range and forest management, and prescribed burns. Burning vegetation to reduce a fire hazard is allowed only when a public fire official sets or allows the fire and decides it is necessary and the hazard can't be abated any other way [6]. Allowed burns also have to happen on permissive burn days. For a typical homeowner, that means no burning brush piles, leaves or yard waste. Chip, compost or haul it away instead.
Fire pits and recreational fires
A fire set for recreational purposes is exempt from the general ban [2]. Recreational fires include campfires, bonfires and hand-warming fires, as long as only clean dry wood and fire starter are used and the fire isn't part of a business [3]. Recreational fires are prohibited during Mandatory Burn Ban periods, which the District declares [4]. Fires set only to cook food are exempt [5].
Fireplaces and stoves
Orinda's building code limits new wood-burning appliances in new construction to EPA-certified or equivalent low-emission units, which need a permit. It bans burning garbage, treated wood, plastic, rubber, petroleum products, paints and coal in any wood-burning appliance [7].
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Next steps
- Before lighting a fire pit, check with the Bay Area Air Quality Management District whether a Mandatory Burn Ban is in effect.
- Burn only clean, dry firewood in a fire pit; never yard waste, trash or treated wood.
- Contact the Moraga-Orinda Fire District for its fire-pit rules, fire-season restrictions and any hazard-reduction burning questions.
- Dispose of brush and yard waste through green-waste collection, chipping or composting rather than burning.
Common questions
- Can I burn yard waste in Orinda, California?
- No, effectively. The Bay Area Air District's Regulation 5 bans open fires unless a specific exemption applies, and those cover farming, fire-hazard fires set by fire officials and similar cases. Chip, compost or haul brush away instead.
- Are fire pits allowed in Orinda, California?
- Yes, a recreational fire pit using only clean dry wood and fire starter is exempt from the Air District's ban, except during a Mandatory Burn Ban. Check the Moraga-Orinda Fire District for its own fire-pit and fire-season rules.
- Can I have a wood-burning fireplace in Orinda, California?
- Orinda limits new wood-burning appliances in new construction to EPA-certified or equivalent low-emission units, which need a permit. Burning garbage, treated wood, plastic, rubber, petroleum products, paints or coal in any wood-burning appliance is banned.
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
- BAAQMD Reg. 5-301.1, 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. 5-112, 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. 5-110.1, BAAQMD Regulation 5 - Open Burning (amended October 1, 2025), p. 3
110.1 Fires set only for cooking of food for human beings.
- 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.
- OMC §15.58.050, Municipal Code Title 15 Ch. 15.58 Restrictions on the Installation of Wood Burning Appliances in New Construction, p. 1
No person shall cause or allow the burning of any of the following materials in a wood burning appliance:
- OMC §17.15.2(A), Municipal Code Title 17 Ch. 17.15 Development Standards for All Uses (17.15.3 fences and retaining walls), p. 1
Air Contaminants. Every use must comply with rules, regulations and standards of the Bay Area Air Quality Management District (BAAQMD).