An Arkansas burn ban is a county-level prohibition on outdoor burning, declared by the county judge when drought, wind, and low humidity make even a small fire likely to spread. Burning while a ban is in effect is a Class A misdemeanor carrying up to a year in jail and a fine of up to $2,500, and you can be sued for any damage your fire causes. Bans are declared one county at a time, so the rules on your side of the county line may be nothing like the rules on the other.
How to Check Whether Your County Has a Ban
Each of Arkansas’s 75 counties handles its own burn ban through the county judge, who issues a written declaration under the state’s local disaster emergency statute.1Justia Law. Arkansas Code 12-75-108 – Local Disaster Emergencies A declaration can run up to 120 days, and the ban stays active until the judge lifts it or the stated period ends.
The most reliable way to confirm current status is the State Burn Ban Map on the Arkansas.gov portal, which pulls every active county declaration into a single view.2Arkansas.gov. State Burn Ban Map You can also call the county judge’s office or your local fire department. Check the specific county where you plan to burn — a ban in one county does not reach the next.
Conditions move fast. A county that was clear on Monday can be under a ban by Wednesday after a stretch of dry wind. A social media post from last week is not a current answer.
What a Burn Ban Prohibits
A ban generally covers all “open burning,” meaning any fire where smoke goes directly into the air rather than through an enclosed chamber, stack, or chimney.3Environmental Quality. Yard Waste – Section: Open Burning In practice that includes:
- Burning leaves, brush, limbs, and other yard waste.
- Burning stumps, logs, or fallen timber to clear land.
- Recreational fires such as campfires, bonfires, and fire pits.
Contained cooking fires are the main thing people can still do. Charcoal grills, propane stoves, and smokers are generally allowed as long as the fire stays inside the cooking vessel, the area around it is clear of dry grass, leaves, and overhanging branches, and you stay with the fire the whole time it’s lit.
Exemptions During a Ban
Two situations let you burn legally even while a ban is active.
Permit From the County Judge
A person acting under a permit issued by the chief executive of the political subdivision that declared the ban is not subject to prosecution under the unlawful burning statute.4Justia Law. Arkansas Code 5-38-310 – Unlawful Burning You get this by contacting the county judge’s office and asking for written permission. These permits are uncommon and generally reserved for burns with a compelling public or agricultural need that cannot wait.
Crop Residue on Your Own Land
Farmers burning crop residue or remaining vegetation after harvest on their own land have a statutory defense, but only if they take the required precautions. You must adequately disk the field perimeters or follow other safety measures set by the county burn ban officer, creating a firebreak between the burn and adjacent property.4Justia Law. Arkansas Code 5-38-310 – Unlawful Burning Skip the precautions and the defense disappears. You are also liable for actual damages if the fire spreads to adjoining land.
Criminal Penalties
Burning in violation of a declared ban is prosecuted under Arkansas Code § 5-38-310 as unlawful burning, a Class A misdemeanor.4Justia Law. Arkansas Code 5-38-310 – Unlawful Burning Under Arkansas’s general sentencing rules, that classification carries up to one year in jail and a fine of up to $2,500 under § 5-4-401.
The same statute also reaches related conduct whether or not a ban is in effect: letting a fire you started escape your control, burning on someone else’s land without precautions, and starting a fire in forest material by discarding a cigarette or firing a weapon and then leaving.4Justia Law. Arkansas Code 5-38-310 – Unlawful Burning Each of those is the same Class A misdemeanor.
Civil Liability if the Fire Escapes
The criminal fine is usually not the biggest cost. If your fire spreads and damages someone else’s property, you can be sued for the losses. The unlawful burning statute treats the escape of fire to adjoining timber, brush, or grassland as prima facie evidence that you failed to take necessary precautions.4Justia Law. Arkansas Code 5-38-310 – Unlawful Burning In a civil case, that means the spread itself is enough to presume you were at fault unless you can show otherwise.
Violating a burn ban makes the plaintiff’s case stronger still. Violating a safety statute written to prevent exactly the harm that occurred can establish negligence as a matter of law, leaving only the question of whether your violation actually caused the damage. Suppression costs billed by responding agencies can also be substantial, covering personnel, equipment, aviation, and logistics; even a modest wildfire response can run into the thousands or tens of thousands of dollars.
Federal Land Has Its Own Rules
If you plan to burn, camp, or cook on federal land in Arkansas such as the Ozark-St. Francis National Forest, a county burn ban is not the whole picture. The U.S. Forest Service runs a two-stage restriction system that can be stricter than the county order.
Under Stage I, fires are allowed only in permanent metal or concrete fire pits installed by the Forest Service at developed campgrounds and picnic areas. Smoking is banned except inside a vehicle, a building, or a cleared area at least three feet across. Chainsaws require an approved spark arrestor, a fire extinguisher, and a shovel.5San Juan National Forest | Forest Service. Fire Danger Levels and Restrictions Explained
Stage II goes further: no fires at all, including at developed campgrounds, no charcoal grills or barbecues, and no off-road vehicle use except in areas completely devoid of vegetation within ten feet of the vehicle.5San Juan National Forest | Forest Service. Fire Danger Levels and Restrictions Explained Leaving a fire unattended or allowing one to spread on national forest land can bring up to six months in federal prison.6Office of the Law Revision Counsel. 18 U.S. Code 1856 – Fires Left Unattended and Unextinguished
County bans and federal restrictions can overlap, and they do not replace each other. On federal land, you have to follow whichever rule is stricter.