Residential/Recreational Open Burning Requirements

The Florida Fire Prevention Code (NFPA 1) regulates open burning for the purpose of recreation. This includes the burning of vegetative debris and untreated wood in a campfire, ceremonial bonfire, outdoor fireplace, or other contained outdoor heating or cooking device. The information contained within this page is for recreational burning of this material. Yard waste (branches, grass clippings, leaves, etc., are noted

 Recreational fires shall not be located within 25 feet of combustible materials unless contained in an approved manner. Florida Statute 823.02 further notes whoever is concerned in causing or making a bonfire within 10 rods (165 feet) of any house or building shall be guilty of a misdemeanor of the second degree, punishable as provided in Florida Statute 775.082 or Florida Statute 775.083.

Camp fires that are created on the ground or in a pit must be at least 25 feet from the closest adjacent building or combustible material. Fires that are contained within a pre-manufactured device designed to contain the recreational fire may utilize a closer setback, based upon manufacturers recommendations. Your campfire should not be larger than 48 inches in width and must be built with a retention wall to completely contain the fire. Your fire must also be at least 25 feet from the closest combustible material. Care should be taken to create a barrier between adjacent vegetation (grass, bushes, sticks, etc.) and your recreational fire. A large open fire, or bonfire (that is more than 48 inches in width at any point) must be at least 165 feet from any building.

  • Conditions that could cause a fire to spread to within 25 feet of a structure shall be eliminated prior to ignition.
  • Before you start the fire, you need to create a fire barrier around your recreational fire. Also ensure that the grass has been mowed and other vegetative material has been minimized or eliminated that may cause the fire to spread.
  • Open fires and cooking fires shall be constantly attended by a competent person until such fire is extinguished. This person shall have a garden hose connected to the water supply or other fire-extinguishing equipment readily available for use.

The property owner or the person who creates, maintains, or supervises (etc.) a recreational fire is responsible for the fire until relieved by a competent person or until complete extinguishment. If a fire escapes from your control, you may be held accountable for the civil damages and suppression costs to extinguish the fire. Florida Statute 590.11 also provides for a penalty of up to 60 days in jail if found guilty of allowing a fire to escape.

Your water supply will be at least one  operational garden hose connected to a water supply. It must be capable providing adequate water and reaching to within 15 to 20 feet around the entire recreational fire. This is required to ensure that you are able to contain the fire in the event that it does escape your barriers. This water supply must be ready at all times that the fire is active, smoking, or smoldering. Any “other fire-extinguishing equipment” to be used must be pre-approved by the fire district prior to the ignition of the fire.

The authority having jurisdiction shall have the authority to prohibit any or all open fires when atmospheric conditions or local circumstances make such fires hazardous. The authority having jurisdiction for the fire district is the ranking fire official on scene. This is generally regarded as the Chief of the District, a Battalion Chief, a Lieutenant, the Fire Marshal, and/or a Fire Inspector. When a “Red Flag” warning is issued by the State of Florida Division of Forestry, then open burning provisions are prohibited. This may happen when high winds are expected or when the humidity levels are considered low. The Fire District and/or Lee County may create a resolution to “ban” burning when the drought index reaches levels that are considered as unsafe. You can check with the Fire District to check if a “Red Flag” warning or “ban” has been placed in effect for the day you wish to have the recreational fire. You should not attempt to burn on days when high winds are expected.

If using a pre-manufactured self-contained fire pit, chimnea, etc., check with the labeling of the manufacturer as to where your pre-manufactured fire pit, fireplace or chimnea (unit) can be utilized for outdoor operations. As these devices are designed to safely contain the fire and embers, these pre-engineered devices are not required to adhere to the setbacks noted previously. They must be used in accordance with the labeling from the manufacturer. They could be located and used less than 25 feet from the exterior of the structure. However, adequate provisions must be made for the proper supervision of this unit with a water source available at all times the unit has an active fire, is smoking, or is smoldering.

Violations of these rules may result in a citation being issued under the jurisdiction of the Lee County Court. Fines may exceed $100.00 per offense. At any point where a response from the fire district is made, if the officer on scene notes that adequate provisions have not been made to contain a fire, a nuisance complaint has been received,  or atmospheric conditions present are not safe to burn, as addressed specifically above, they may require the extinguishment of the fire (NFPA 1-10.11.9 and/or 10.11.2.2).

A fire inspector will be happy to come out and inspect and discuss your recreational burn site and the safety precautions required in advance of your burn. Please contact 239.303.5300. If you would like to schedule a courtesy inspection of your recreational burn site, you may contact the Life Safety Management Division of the Lehigh Acres Fire Control and Rescue District during the normal business hours of Monday thru Friday, 8:00 a.m. thru 5:00 p.m. (except for holidays).  Inspections of horticultural waste or land clearing  fires to obtain a burn authorization will require an inspection fee and do not fall under these regulations.

Camp Fires On The Ground

  • 25 feet setback from all structures and combustible materials.
  • No larger than 48 inches in width.
  • Must have a retention barrier around fire.
  • Must be constantly attended by competent Person.
  • Must have charged water hose able to reach within 15-20 feet beyond the fire.
  • Must not burn when “burn bans” have been issued by the county or State or high winds are expected.

 Bonfires (more than 48 inches in width)

  • 165 feet of setback from all structures.
  • 25 feet setback from combustible materials.
  • Must have a retention barrier around fire.
  • Must be constantly attended by a competent Person.
  • Must have charged water hose able to reach within 15-20 feet beyond the fire.
  • Must not burn when “burn bans” have been issued by the county or State OR high winds are expected.