An Alabama burn ban can come from any of three places: the State Forester, who can declare a fire alert that suspends or restricts burn permits; the Governor, who can declare a drought emergency that shuts down open burning statewide; or your county commission or city fire department, which can impose stricter local rules. Before you light anything outdoors, you need to check all three levels, because the state can show no restriction while your county is under a ban.
How to Check Whether a Ban Is in Effect
Start with the Alabama Forestry Commission’s burn restriction page at forestry.alabama.gov, which lists current status by county. You can also call the AFC at (800) 392-5679 to ask about restrictions, request a permit, or report a wildfire. Because counties and municipalities can impose stricter bans than the state, call your local fire department before burning even when the state page shows no active restriction. Conditions in Alabama change quickly during summer and fall, so a check the day before is not the same as a check the morning of.
Who Declares a Burn Ban and What Each One Means
The State Forester, who leads the AFC, can declare a fire alert that restricts or suspends the issuance of burn permits. Under a fire alert, permits are decided case by case, based on active fires in the district, current and forecasted weather, and whether the person burning can actually control it.1Alabama Forestry Commission. AFC – Alabama Burn Law A fire alert does not automatically forbid all burning; it tightens the gate on permits.
A Governor-declared drought emergency is broader. Alabama’s environmental regulations explicitly prohibit all open burning during a drought emergency declared by the Governor.2Alabama Administrative Code. Alabama Administrative Code 335-3-3-.01 – Open Burning The scope of each declaration can vary, and exemptions that normally apply to certain fires may be explicitly suspended. During a drought emergency, treat all outdoor fires as prohibited unless you confirm otherwise with the AFC or your local fire department.
County commissions and municipal fire departments can go further than state rules. Your locality may ban burning even when the state has not.
What You Cannot Burn, and What Stays Allowed
Alabama’s air quality rules limit what you can burn outdoors year-round, ban or no ban. Only vegetation and untreated wood are permitted. The following are always prohibited:
- Garbage, trash, or household waste
- Plastics, vinyl, and rubber (natural or synthetic)
- Heavy oils, asphalt products, or chemicals
- Paper, cardboard, and insulation
- Treated or painted wood
- Salvage or scrap materials
These restrictions come from ADEM’s open burning regulation and apply statewide regardless of drought status.2Alabama Administrative Code. Alabama Administrative Code 335-3-3-.01 – Open Burning
Some fires are carved out from the open burning prohibition even during typical restrictions, though a full drought emergency can override them. The recognized exceptions are:
- Open cooking fires for personal food consumption on non-commercial property
- Fires set for recognized farming, forestry, range management, or wildlife management practices
- Salamanders or similar portable heaters used by construction and other workers, burning only wood, vegetation, coal, propane, kerosene, fuel oil, or used oil
The same regulation also prohibits any open burning during an air stagnation advisory issued by the National Weather Service, so an otherwise-exempt fire can still be off-limits when the air is stagnant.2Alabama Administrative Code. Alabama Administrative Code 335-3-3-.01 – Open Burning
When You Need a Burn Permit
Even when no ban is in effect, Alabama law requires a burn permit before you set fire to fields, grasslands, woodlands, or cleared ground within any area under organized forest fire protection by the AFC. You get a permit by calling the AFC at (800) 392-5679. Burning without that authorization in a protected area is a Class B misdemeanor.3Alabama Legislature. Alabama Code 9-13-11 – Willful, Malicious, or Intentional Setting on Fire, Etc., of Woodlands, Grasslands, Etc.; Burning Permits; Fire Alerts; Organized Forest Fire Protection; Fines
To be issued a permit, you must confirm to the AFC that you have adequate tools, equipment, and people to control the fire for its full duration; that you accept responsibility to keep the fire confined; and that you will not leave until it is completely out. If a permitted fire escapes and an investigation finds you failed any of those conditions, the AFC treats the burn as if you never had a permit.1Alabama Forestry Commission. AFC – Alabama Burn Law A permit can also be revoked mid-burn if weather shifts or you are not following proper procedures.
Penalties for Burning During a Ban
Alabama’s fire statutes are tiered by intent and recklessness, and the charges climb quickly.
Class C Felony
Intentionally or maliciously setting fire to forests, grasslands, or other vegetation on land you don’t own, lease, or control is a Class C felony. Placing incendiary devices near someone else’s wooded or grassy land carries the same charge.3Alabama Legislature. Alabama Code 9-13-11 – Willful, Malicious, or Intentional Setting on Fire, Etc., of Woodlands, Grasslands, Etc.; Burning Permits; Fire Alerts; Organized Forest Fire Protection; Fines
Class B Misdemeanor
A Class B misdemeanor covers a range of less severe but still serious conduct, including:
- Recklessly or with wanton disregard allowing a fire to escape your land and damage someone else’s property
- Burning brush, stumps, grass, or debris without reasonable precautions to prevent spread
- Setting a fire in or near forest or woodland without clearing flammable material for a safe distance
- Leaving a fire in a forest or woodland before it is completely out
- Burning in an organized fire protection area without first obtaining an AFC permit
A Class B misdemeanor in Alabama carries up to six months in county jail.4Justia Law. Alabama Code 13A-5-7 – Sentences of Imprisonment for Misdemeanors
Paying for the Fire That Escapes
Alabama law declares any uncontrolled fire on forested, cutover, brushland, or grassland to be a public nuisance. If you started the fire or are responsible for its existence, you must make a reasonable effort to control or extinguish it. If you refuse or neglect to do so, an organized fire suppression force can step in and recover the full cost of putting the fire out from you.5Alabama Legislature. Alabama Code 9-13-12 – Uncontrolled Fires Declared Public Nuisances; Liability for Refusal or Neglect to Control or Extinguish Same This civil liability is separate from any criminal fine or jail time, and damage to a neighbor’s land, timber, or structures opens the door to additional civil claims.
Fires on Federal Land Are a Separate Matter
Alabama contains portions of four national forests along with other federal lands. Setting fire to timber, brush, grass, or other flammable material on federal property without authorization is a separate federal crime under 18 U.S.C. ยง 1855, covering public domain land, land owned or leased by the United States, Indian reservations, and tribal allotments held in trust. Conviction carries up to five years in federal prison.6Office of the Law Revision Counsel. 18 U.S. Code 1855 – Timber Set Afire Federal charges stack on top of state charges, so a fire that starts on your land and spreads onto a national forest can be prosecuted in both courts.