Burn permits and fire pits in San Clemente, California
You can't burn brush, yard waste or trash at your home in San Clemente: the South Coast AQMD bans residential burning. Backyard fire pits are allowed with limits. Gas fire pits need Building Department approval and 3 ft of clearance. Wood-burning pits need a spark arrester, must be 3 ft from combustible construction at a house, and are banned in fire-risk areas. No wood fires are allowed when winds exceed 8 mph with humidity under 25%, or on red flag days.
| Brush or waste burning at home | Prohibited (AQMD Rule 444) [1] |
| Recreational fires and cooking fires | Exempt from AQMD open-burning permits [2] |
| Gas fire pits | Building Department approval; 3 ft clearance at single-family homes [3] |
| Portable wood fire pits | Spark arrester; 3 ft from combustible construction at single-family homes [4] |
| Wood fires, other devices | Not within 25 ft of combustible structures unless in a permanent fireplace [5] |
| Wood fire ban areas | Fuel modification zones, Wildfire Risk Areas, Wildland-Urban Interface [6] |
| No wood fires when | Winds over 8 mph and humidity under 25%, or red flag [7] |
| No fires of any fuel when | Winds over 20 mph [8] |
Brush and yard waste
San Clemente is in the South Coast Air Quality Management District. AQMD Rule 444 bans residential burning [1], meaning open burning to get rid of combustible or flammable solid waste from a home on its own premises. The only material the definition carves out is Russian thistle, so yard waste and brush are covered. Rule 444 was last amended July 12, 2013, the version we used. The City's fire code also allows rubbish to be burned only in an approved incinerator. Use green-waste collection instead.
Recreational fires
Rule 444's permit and burn-day requirements don't apply to recreational fires or cooking fires [2]. The City's fire code (Municipal Code §8.16.050, amending Fire Code Section 307) sets rules for fire pits at homes. Barbecues and grills used only for cooking are exempt. AQMD's separate Rule 445 can also bar wood fires in fire pits on declared no-burn days from November through February (see state rules).
- Gas or propane fire pits and fireplaces are allowed if the Building Department approves them and they burn only gas. At single-family (R-3) homes, keep combustible construction and vegetation at least 3 ft from the column above the device [3].
- Portable wood fireplaces and fire pits need a spark arrester and must be at least 3 ft from combustible construction at a single-family home [4]. Otherwise, wood can't be burned within 25 ft of combustible structures unless it's in an approved permanent fireplace [5].
- Permanent wood fireplaces must be built to the Building Code with a firebox, chimney and spark arrester.
Where wood fires are banned
Wood and other solid fuels can't be burned in a fuel modification zone, Wildfire Risk Area or Wildland-Urban Interface Area, or where a fire could spread into one [6]. Permanent fireplaces outside fuel modification zones are an exception.
Weather limits
No wood or solid-fuel fires are allowed when sustained winds over 8 mph are predicted with humidity under 25%, during a red flag condition, or when the fire official posts a notice [7]. No outdoor fire of any fuel is allowed when winds over 20 mph are predicted [8].
Public property
Fires aren't allowed in the public right-of-way, on City property or on open space without City or Orange County Fire Authority (OCFA) authorization.
See how San Clemente compares with 8+ other California towns on burn permits & backyard fires →
Next steps
- Dispose of brush and yard waste through green-waste collection rather than burning it.
- Before installing a gas fire pit or outdoor fireplace, get Building Department approval through Building Services (949-361-6100).
- Ask OCFA whether your home is in a Wildfire Risk Area, Wildland-Urban Interface Area or fuel modification zone, where wood fires are banned.
- Check the wind and red flag forecast before lighting a wood fire.
Common questions
- Can I burn yard waste in San Clemente, California?
- No. The South Coast AQMD's Rule 444 bans residential burning, which covers brush and yard waste, and the City's fire code allows rubbish to be burned only in an approved incinerator. Use green-waste collection instead.
- Are backyard fire pits allowed in San Clemente, California?
- Yes, with limits. Gas fire pits need Building Department approval and 3 ft of clearance at single-family homes. Portable wood fire pits need a spark arrester and must be 3 ft from combustible construction, and wood fires are banned in fuel modification zones, Wildfire Risk Areas and Wildland-Urban Interface Areas.
- When are wood fires banned in San Clemente, California?
- No wood or solid-fuel fires are allowed when sustained winds over 8 mph are predicted with humidity under 25%, during a red flag condition, or when the fire official posts a notice. No outdoor fire of any fuel is allowed when winds over 20 mph are predicted.
- Do I need a burn permit for a recreational fire in San Clemente, California?
- No. AQMD Rule 444's permit and burn-day requirements don't apply to recreational or cooking fires, but the City's fire code rules for fire pits still apply. AQMD's Rule 445 can also bar wood fires on declared no-burn days from November through February.
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)(A), South Coast AQMD Rule 444 - Open Burning (amended July 12, 2013), p. 9
(3) A person is prohibited from open burning for: (A) Residential burning
- Rule 444(d)(6)(A), South Coast AQMD Rule 444 - Open Burning (amended July 12, 2013), p. 15
(6) Except for the requirements of subparagraph (d)(3) and (d)(4), the provisions of this rule shall not apply to: (A) Recreational fires or ceremonial fires, including fires conducted pursuant to United States Code, Title 4, Chapter 1, Section 8.
- §8.16.050, Fire Code 307.6.1 Gas-fueled devices, Municipal Code Title 8 Ch. 8.16 Fire Code (8.16.050 Section 307 open burning, recreational fires, fire pits, fire rings and portable outdoor fireplaces)
Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device.
- §8.16.050, Fire Code 307.6.2 Exception 1, Municipal Code Title 8 Ch. 8.16 Fire Code (8.16.050 Section 307 open burning, recreational fires, fire pits, fire rings and portable outdoor fireplaces)
Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3 feet from combustible construction at R-3 occupancies,
- §8.16.050, Fire Code 307.6.2, Municipal Code Title 8 Ch. 8.16 Fire Code (8.16.050 Section 307 open burning, recreational fires, fire pits, fire rings and portable outdoor fireplaces)
The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace.
- §8.16.050, Fire Code 307.6.2.1 Where prohibited, Municipal Code Title 8 Ch. 8.16 Fire Code (8.16.050 Section 307 open burning, recreational fires, fire pits, fire rings and portable outdoor fireplaces)
The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.
- §8.16.050, Fire Code 305.6(1) Hazardous conditions, Municipal Code Title 8 Ch. 8.16 Fire Code (8.16.050 Section 307 open burning, recreational fires, fire pits, fire rings and portable outdoor fireplaces)
when predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared
- §8.16.050, Fire Code 305.6 Hazardous conditions, Municipal Code Title 8 Ch. 8.16 Fire Code (8.16.050 Section 307 open burning, recreational fires, fire pits, fire rings and portable outdoor fireplaces)
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.