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Burn Permits & Backyard Fires in California: rules in 9 towns compared
Can I burn brush or have a backyard fire pit? Here's how each town answers it. Click a town for the details and the exact ordinance text.
Last reviewed
This page is for California homeowners wondering about burning yard waste or using a backyard fire pit. Outdoor burning is controlled mainly by your regional air district and CAL FIRE. Since January 1, 2004, a California Air Resources Board rule has banned burning household garbage at homes, and burn barrels can't be used, even for vegetation. In state responsibility areas, burning vegetation needs a written permit during fire season (Pub. Res. Code §4423). Cooking and recreational fires aren't covered by the state open-burning ban, but air districts can restrict them: the Bay Area Air District bars wood fires, including outdoor fire pits, during a Spare the Air Alert, and South Coast AQMD declares No-Burn days from November through February.
Backyard brush and yard-waste burning is effectively off the table in all 9 of the cities we cover for this topic. Hillsborough, Lafayette, Los Altos, Los Gatos, Piedmont, Saratoga and Tiburon fall under the Bay Area Air District, which bans open burning except for 17 listed fire types, none for routine yard cleanup. Manhattan Beach and Pasadena fall under South Coast AQMD Rule 444, which bans residential burning. Fire pits with clean dry wood are generally allowed outside burn-ban days, but some cities add rules: Tiburon requires natural gas and a 10-foot distance from the house, and Hillsborough requires neighbor consent and 40 feet from the neighbor's house for a fire pit in a setback. Pick your city below for the details and the municipal code text.
Town-by-town comparison
| Town | Verdict | Short answer |
|---|---|---|
| Los Altos | Restricted | Backyard brush or yard-waste burning is generally not allowed in Los Altos: the Bay Area Air District bans open burning except for 17 listed fire types, mostly agricultural, fire-management and other official burns, none of which covers ordinary yard cleanup. Outdoor fireplaces and similar fire features are allowed in the rear yard or buildable area, at least 5 feet from property lines. |
| Saratoga | Restricted | Burning brush or yard waste on a typical Saratoga home lot generally isn't allowed: the Bay Area Air District's Regulation 5 bans open burning except for 17 listed fire types, mostly agricultural, flood-control and fire-agency burns, though the Air District also lists fire-hazard-reduction burning among legal fire types, so hillside owners clearing brush should ask the fire department. Saratoga's City Code has no local burn-permit or fire-pit ordinance, but a permanent freestanding outdoor fireplace needs Community Development Director approval and must be at least 6 feet from side and rear property lines. |
| Los Gatos | Restricted | 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. |
| Tiburon | Restricted | Backyard brush and yard-waste burning is effectively not allowed: the Bay Area Air District bans open burning except for listed fire types, and a hazard-reduction fire must be set or allowed by a fire official. Built-in fire pits and other exterior fire features in the Tiburon Fire Protection District must run on natural gas, sit 10 feet from the house, and are treated as a minor alteration under the town's design review. |
| Piedmont | Restricted | Burning brush or yard waste is effectively prohibited in Piedmont: the Bay Area Air District bans open fires except for listed categories, which are agricultural, fire-agency or hazard-reduction fires, not routine yard cleanup. A backyard recreational fire using only clean dry wood is exempt from the ban, except on Mandatory Burn Ban (Spare the Air) days, and cooking fires are exempt. |
| Lafayette | Restricted | Backyard burning of brush or yard waste isn't allowed in Lafayette: the Bay Area Air District bans open burning, with no homeowner exemption. A fire pit or campfire using only clean, dry wood is allowed, except on Mandatory Burn Ban (Spare the Air) days. |
| Manhattan Beach | Restricted | Burning brush, yard waste or trash at your home isn't allowed: South Coast AQMD Rule 444 prohibits residential burning. Recreational fires and cooking or warming fires using natural gas, propane, untreated wood or charcoal are exempt from the air district's open-burning permit rules, but the city's fire code still applies. |
| Pasadena | Restricted | You can't burn brush, yard waste or trash at a Pasadena home: South Coast AQMD Rule 444 prohibits residential burning. Recreational fires and fires using natural gas, propane, untreated wood or charcoal for cooking or warmth at a gathering are exempt from the burn-permit system, and Pasadena's fire code lets portable outdoor fireplaces be used at one- and two-family homes per the manufacturer's instructions. |
| Hillsborough | Restricted | Backyard brush and yard-waste burning isn't allowed: the Bay Area Air District's open-burning rule bans it, apart from narrow fire-hazard burns approved by a fire official. Recreational fires in a fire pit using clean dry wood, and cooking fires, are allowed except during Mandatory Burn Ban periods declared by the air district (Spare the Air alerts). |
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.
Common questions about burn permits & fire pits in California
- Do you need a burn permit in California?
- It depends on where you live. 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. In the urban cities we cover, the air district bans backyard yard-waste burning outright, so a permit isn't an option for routine cleanup.
- Is it legal to have a fire pit in your backyard in California?
- Usually yes, with limits. Recreational and cooking fires aren't covered by the state open-burning ban, but air districts can restrict them. In the Bay Area, wood fires in outdoor fire pits are illegal during a Spare the Air Alert, and South Coast AQMD declares No-Burn days from November through February. Some cities, like Tiburon, require gas-only fire features.
- Are burn barrels legal in California?
- No. A California Air Resources Board rule in effect since January 1, 2004 bans burning household garbage outdoors at homes and bars using burn barrels, even for vegetation.
- Can I burn brush or yard waste in California?
- It depends on your air district and city. State rules allow burning dry vegetation grown on the property in open piles on permitted burn days unless local rules prohibit it. But the Bay Area Air District bans open burning except listed fire types, and South Coast AQMD bans residential burning, so in all the cities we cover, routine yard-waste burning isn't allowed.
- Is there a burn ban in California?
- It depends on the day and your air district. In the Bay Area, recreational fires are barred during a Mandatory Burn Ban, and burning wood in fireplaces, stoves or fire pits is illegal during a Spare the Air Alert. South Coast AQMD declares No-Burn days from November through February. Check your air district's daily forecast before lighting a fire.
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