Backyard Fire Pit Rules in Florida

The State Rule for Recreational Fires

Florida's outdoor burning rules belong to the Florida Forest Service, and its rule on recreational open burning is short. Rule 5I-2.006(11) says nothing in the chapter shall be construed to prohibit the legal open burning of vegetative debris and untreated wood in a campfire, an outdoor fireplace or another contained outdoor heating or cooking device. A backyard fire pit fits that description.

The same rule adds conditions for larger fires. A recreational or ceremonial bonfire must be attended at all times and completely smothered, with no visible flame, smoke or emissions, if the area is left unattended. The person responsible for any recreational fire also has to comply with whatever open-burning rules the Forest Service has adopted, which is where burn bans come in.

Responsibility stays with the person who lit the fire. The Forest Service warns that if a fire escapes, you may be liable for the cost of putting it out and for damage to other people's property, which is a good reason to keep a hose and a shovel by any fire pit.

A Fire Pit Full of Yard Trash Is a Different Fire

The legal line is not the fire pit, it is what goes in it. Section 590.125(1) of the Florida Statutes defines yard trash as vegetative matter from landscaping and yard maintenance, including leaves, shrub trimmings, grass clippings, brush and palm fronds. Burning that is yard-waste burning, and it has its own rules whatever it sits in.

Under the Forest Service's current guidance, yard waste can be burned without an authorization only when the pile is under 8 feet across, the fire is lit after 9 in the morning Eastern time and out one hour before sunset, and these setbacks are met:

• 25 feet from your house.
• 25 feet from forests or wildland.
• 50 feet from paved public roads.
• 150 feet from other occupied buildings.

County Burn Bans Override the Rest

A legal fire pit can still be off limits for weeks. The Forest Service explains that local burn bans are enacted by county governments, and it maps the bans counties report to it. When a ban is in force, its wording decides whether recreational fires are covered. Gas and propane units are a separate question, covered in our guide on using a fire pit during a burn ban.

Spring Hill, Hernando County and Your HOA

Spring Hill is unincorporated, so Hernando County rules apply rather than a city code. Hernando County Fire Rescue states that it does not issue burn permits; the Florida Forest Service issues any authorization through its local field office. The county's burn page also says burning is not permitted on rainy, foggy or windy days and that only natural vegetation may be burned.

The Forest Service tells homeowners to check local restrictions from the homeowners association, the city and the county before burning. Deed restrictions and HOA rules can be stricter than the state's.

How to Check Before You Light a Fire Pit

A quick order of checks covers almost every case:

• Read your HOA covenants for anything about open flames, fire pits or outdoor fireplaces.
• Look at the Forest Service burn ban map and the county's current order.
• Burn only clean, untreated firewood; household garbage is illegal to burn in Florida.
• For yard waste, meet the setbacks and hours, or haul it away instead.
• For a built-in pit with a gas line or a new slab, ask the county building division about a permit.

Building a Fire Pit That Stays Within the Rules

A permanent fire pit or outdoor fireplace is easier to keep legal when it is planned around the house, the trees and the wind from the start. Our outdoor fireplace installation visit covers placement, the base and, for gas, the listed appliance. It begins with a free inspection and a written estimate from a local, family-owned company that sends an experienced crew.

We are Proudly American and practical, so we plan for how people here actually burn: wood when the weather allows, and a plan for the dry season when it does not. Ask the Proudly American crew that visits about either one.