When the Alabama burn ban is lifted, the State Forester has formally rescinded the Governor’s Drought Emergency Declaration, and outdoor burning is once again allowed under the state’s normal rules. That does not mean you can strike a match anywhere you like. You still need a burn permit from the Alabama Forestry Commission for anything over a quarter acre, and a separate set of year-round rules from the Alabama Department of Environmental Management controls what you can burn, when, and how close to your neighbors.
Confirm the Ban Is Actually Lifted Before You Burn
Check the Alabama Forestry Commission’s burn restrictions page at forestry.alabama.gov, which keeps a current map of county-level and statewide restrictions.1Alabama Forestry Commission. Alabama Forestry Commission You can also call the AFC dispatch center at (800) 392-5679, which handles burn restriction questions and permit requests.2Alabama Forestry Commission. Alabama Forestry Commission – Burn Permits Do not rely on a news story or a social post announcing that a ban ended. Conditions swing fast in Alabama, and a new ban can be issued within days of the last one being lifted.
What “Lifted” Actually Means
A statewide ban begins when the Governor signs a Drought Emergency Declaration, sometimes called a No Burn Order. While it is in effect, all outdoor burning is prohibited, including campfires, trash burning, and land-clearing fires.3Office of Governor Kay Ivey. Governor Ivey Prohibits Burning Statewide Setting fire to any forest, grassland, or marsh during a declared drought emergency, or lighting a campfire or bonfire, is illegal under state law.4Alabama Legislature. Alabama Code Title 9 Chapter 13 Article 6 Section 9-13-141
The ban stays in place until the State Forester determines conditions have improved enough to reduce wildfire risk, and only then is the order formally rescinded.3Office of Governor Kay Ivey. Governor Ivey Prohibits Burning Statewide Once that happens, the normal permit and open burning rules apply again. The open burning regulation reinforces this: no burning is allowed during a Governor-declared Drought Emergency regardless of any other permission you may hold.5Alabama Administrative Code. Alabama Administrative Code 335-3-3-.01 – Open Burning
Twelve Counties Where Summer Burning Is Restricted Anyway
Alabama has permanent seasonal burning restrictions that apply every year from May through October in twelve counties: Baldwin, DeKalb, Etowah, Jefferson, Lawrence, Madison, Mobile, Montgomery, Morgan, Russell, Shelby, and Talladega.5Alabama Administrative Code. Alabama Administrative Code 335-3-3-.01 – Open Burning These restrictions exist to control ground-level ozone in more populated areas and have nothing to do with drought. If you live in one of these counties, your open burning permission is suspended every summer whether or not a statewide ban is active. This catches people off guard. A statewide ban lifts in June, and a Jefferson County resident assumes they can burn again. They cannot.
When You Need a Burn Permit
Alabama law requires a burn permit from the Alabama Forestry Commission before you burn any woodland, grassland, field, or new ground that is over one-quarter acre in size or that lies within 25 feet of natural fuels like woods or grass. Burns under a quarter acre do not require an AFC permit, but it is smart to notify your local fire department even for small fires.6Alabama Forestry Commission. Get a Permit Before You Burn
To get a permit, call the AFC dispatch center at (800) 392-5679. Permits are free and take a few minutes over the phone.6Alabama Forestry Commission. Get a Permit Before You Burn You will need the latitude and longitude of the burn site (the AFC website has a coordinate locator), the approximate size of the burn, the type of vegetation you are burning, and the general purpose, such as hazard reduction or wildlife management. Certified Prescribed Burn Managers can also obtain permits online.2Alabama Forestry Commission. Alabama Forestry Commission – Burn Permits
Conditions Every Legal Burn Must Meet
Even with a permit, or for a small burn that does not need one, Alabama’s open burning regulation imposes conditions that apply to every fire. Break any of them and an otherwise legal burn becomes illegal.
- The fire must be on the property where the vegetation or untreated wood came from. You cannot haul brush from a neighbor’s lot to your burn pile.
- The burn site must be at least 500 feet from the nearest occupied dwelling other than a home on the property where the burning takes place.
- You may start a fire only between 8:00 a.m. and 3:00 p.m. No new material can be added between 3:00 p.m. and 8:00 a.m. the next day.
- Burning is allowed only when ventilation is good and the prevailing wind blows away from any nearby built-up area. If the National Weather Service has issued an air stagnation advisory for your area, all burning stops.
- Smoke cannot create a hazard on any public road, street, or highway.
- Someone must attend the fire at all times, from ignition until it is fully extinguished.
These conditions come from Alabama Administrative Code 335-3-3-.01.5Alabama Administrative Code. Alabama Administrative Code 335-3-3-.01 – Open Burning The 500-foot setback and the 8 a.m. to 3 p.m. ignition window are the two rules most homeowners miss. In a typical subdivision, meeting the 500-foot rule is essentially impossible.
What You Can and Cannot Burn
Only vegetation and untreated wood are allowed. The regulation specifically prohibits open burning of heavy oils, asphalt products, plastics, vinyl materials, insulation, paper, cardboard, natural or synthetic rubber, salvage or scrap materials, chemicals, garbage, treated or painted wood, and any trash.5Alabama Administrative Code. Alabama Administrative Code 335-3-3-.01 – Open Burning
The “untreated” part matters more than most people think. Pressure-treated lumber, painted fence boards, and plywood all contain chemicals that release toxic fumes when burned. An old deck with stain, sealant, or any treatment does not qualify. Household garbage, tires, and construction debris go to an approved landfill. Something being flammable does not make it legal to burn.
Local Rules Can Still Stop You
A lifted statewide ban does not override local rules. Municipal governments, county commissions, and local fire departments often maintain their own open burning ordinances, and they can be stricter than state law.6Alabama Forestry Commission. Get a Permit Before You Burn Some cities prohibit open burning inside city limits entirely, year-round. Others require a separate local permit on top of the AFC permit. Call your local fire department before lighting anything, especially inside an incorporated municipality where zoning and nuisance ordinances often make open burning impractical even when the state says conditions are safe.
Penalties If You Get It Wrong
Alabama enforces burning violations on two separate tracks.
Criminal Charges
Burning without a required permit or violating a Drought Emergency Declaration is a Class B misdemeanor. A conviction carries a fine between $250 and $500, and a judge can impose up to six months in the county jail. If you got the permit by giving false information, the burn is treated as if you never had authorization at all. The same applies if the Forestry Commission revokes your permit mid-burn and you keep adding fuel instead of working to contain the fire.7Alabama Legislature. HB267 Enrolled – Alabama Prescribed Burning
Civil Penalties
Burning prohibited materials or violating the conditions in 335-3-3-.01 can trigger enforcement by the Alabama Department of Environmental Management. ADEM’s civil penalty authority allows fines of up to $25,000 for each violation, with each day a violation continues counting as a separate offense.8Alabama Department of Environmental Management. ADEM Penalty Policy
Liability If the Fire Escapes
Alabama applies a negligence standard to prescribed burns done in compliance with state law. If you follow the rules, obtain the right permits, and meet every condition, you are not liable for damage caused by the fire or its smoke unless someone shows you failed to use the care a reasonable person would have used in the same situation.9Alabama Legislature. Alabama Code Title 9 Chapter 13 Article 11 Section 9-13-273 An escaped fire on its own does not automatically make you liable. The injured party has to prove carelessness.
That protection disappears if you were burning without a permit, during a ban, or in violation of any of the conditions above. At that point proving negligence gets much easier for your neighbor’s attorney, because you were already breaking the law when the fire got away. Homeowners insurance may cover accidental fire damage to others’ property, but coverage is often denied when the fire resulted from activity the insurer considers negligent or illegal. Treat every condition in your permit and in the open burning regulation as a prerequisite for keeping both your legal protection and your insurance coverage.