The Baldwin County burn ban runs every year from May 1 through October 31, during which open burning of yard debris, brush, and land-clearing material is prohibited under Alabama Department of Environmental Management Rule 335-3-3-.01.1Alabama Administrative Code. Alabama Administrative Code 335-3-3-.01 – Open Burning Outside those six months, most burning of vegetation and untreated wood is allowed with the right permit and setbacks. Year-round, you can never burn household trash, plastics, rubber, construction debris, or chemicals, and penalties for violations climb from a Class B misdemeanor up to a Class C felony.
When the Ban Is in Effect
From May 1 through October 31 each year, no open burning of vegetation or untreated wood is allowed in Baldwin County for yard cleanup, land clearing, or similar purposes.1Alabama Administrative Code. Alabama Administrative Code 335-3-3-.01 – Open Burning Baldwin is one of twelve Alabama counties covered. The rule exists because summer heat and sunlight accelerate the chemical reactions that turn combustion smoke into ground-level ozone and fine particulates, worsening air quality across the region.
ADEM enforces the dates automatically. There is no yearly announcement to wait for and no local vote that puts the ban in place. If the calendar shows a day between May 1 and October 31, the ban applies in Baldwin County.
What You Can Still Do During the Ban
The seasonal ban targets debris and land-clearing fires. Several categories of small, contained fire remain legal year-round, including during the May-to-October window:1Alabama Administrative Code. Alabama Administrative Code 335-3-3-.01 – Open Burning
- Cooking fires on non-commercial property, including grills and fire pits used to prepare food
- Recreational and ceremonial fires such as campfires and bonfires
- Warming fires for workers, fueled by wood, coal, propane, or kerosene
- Fires to control plant disease or pests
- Fire hazard abatement fires, but only when the local fire department has declared the hazard
- Agricultural and silvicultural burns, which may be allowed during the ban with prior approval from both ADEM and the Alabama Forestry Commission
Under the Alabama Fire Code, a recreational fire’s fuel area cannot exceed three feet in diameter and two feet in height.2UpCodes. Alabama Fire Code 2009 – General Requirements Anything larger stops qualifying as a recreational fire, even if that is what you intended.
Materials You Can Never Burn
Regardless of the season or whether you have a permit, Alabama restricts open burning to vegetation and untreated wood. The following cannot go into any open fire at any time of year:1Alabama Administrative Code. Alabama Administrative Code 335-3-3-.01 – Open Burning
- Household trash and garbage, including paper, cardboard, and food waste
- Plastics and vinyl
- Rubber, natural or synthetic, including tires
- Construction debris such as treated or painted wood, shingles, insulation, and salvage
- Chemicals and heavy oils, including asphalt products
This catches a lot of people during the open season. Even in January, when you can legally burn a brush pile, you cannot throw old lumber scraps or furniture onto that same pile. Those materials have to go to a landfill or permitted disposal facility.
Burning in the Open Season: November Through April
From November 1 through April 30, open burning of vegetation and untreated wood is permitted for yard debris and for land clearing tied to construction, utility installation, road maintenance, and development.1Alabama Administrative Code. Alabama Administrative Code 335-3-3-.01 – Open Burning A few requirements apply any time you burn.
The fire must sit at least 500 feet from any occupied dwelling other than your own.1Alabama Administrative Code. Alabama Administrative Code 335-3-3-.01 – Open Burning For most lots in a Baldwin County subdivision, that single rule rules out open burning. If your neighbor’s house is within 500 feet of your proposed burn spot, you cannot legally light the pile there.
You also have to clear flammable material from the ground around the fire for a safe distance in all directions and stay with the fire until it is completely out. Walking away from an active fire is itself a Class B misdemeanor.3Alabama Forestry Commission. Alabama Burn Law Have a water source, shovel, and rake on hand before you light anything.
Alabama Code Section 9-13-13 requires five days’ written notice to adjacent landowners before you set fire to woods, brush, grass, or debris near a forest or woodland, unless you take all possible care and precaution against the fire spreading. Notifying your local fire department before you burn is also recommended.4Alabama Forestry Commission. Get a Permit Before You Burn
Getting a Burn Permit
Alabama requires a permit from the Alabama Forestry Commission for any prescribed burn conducted for agricultural or silvicultural purposes.5Alabama Forestry Commission. Burn Permits A permit is also required for any land-clearing burn covering a quarter acre or more. Burns smaller than a quarter acre do not need a state permit.
To get a permit, call the AFC dispatch center at (800) 392-5679. Certified Prescribed Burn Managers can also obtain permits through AFC’s online portal. Some municipalities and fire districts issue their own permits on top of the state requirement, so check with your local fire department for any Baldwin County or city rules that layer on additional restrictions.4Alabama Forestry Commission. Get a Permit Before You Burn Having the state permit does not excuse you from a local one.
Weather and Drought Triggers
Two weather conditions can shut down burning any time of year, including during the normal November-to-April open season. No burning is allowed during a current air stagnation advisory from the National Weather Service or during a drought emergency declared by the Governor.1Alabama Administrative Code. Alabama Administrative Code 335-3-3-.01 – Open Burning A Governor-declared drought emergency prohibits all outdoor burning statewide and stays in place until the State Forester rescinds the order.
The Alabama Forestry Commission can also issue a no-burn order when fire danger climbs. A no-burn order is stricter than the seasonal ban: it removes every exception, including campfires and recreational fires. Only your gas or charcoal grill at home is likely still allowed, and even that depends on the exact wording of the order. Check the AFC and ADEM websites before lighting anything if conditions have been dry.
Criminal Penalties
Alabama Code Section 9-13-11 sets three tiers of criminal penalties for fire-related offenses.7Alabama Forestry Commission. Alabama Burn Law
Which tier applies usually turns on intent. A brush fire that got away from you despite reasonable efforts tends to fall under the misdemeanor categories. Deliberately setting fire to someone else’s field is felony territory.
Civil Liability for Fires That Escape
Criminal charges are not the only exposure. If your fire spreads and damages a neighbor’s property, you can be sued for the full cost of that damage. Alabama courts have long held that anyone who sets a fire, even for a lawful purpose on their own land, is liable for damages from the fire spreading if they were negligent in starting or controlling it. The standard is ordinary and reasonable care under the conditions, which means accounting for wind, dryness, and how close you are to your neighbors.
Alabama’s Prescribed Burning Act gives some liability protection for burns run according to its requirements, but only if the burner exercised the care expected of others in the same situation. A careless prescribed burn still exposes you to a lawsuit. Government agencies that respond to put out an escaped fire can also pursue you for firefighting costs.
Reporting Illegal Burning
Call 911 for any active fire that is dangerous or threatens structures. For a non-emergency, such as a neighbor burning prohibited materials or burning during the May-to-October ban, contact your local fire department or the Alabama Forestry Commission dispatch center at (800) 392-5679.5Alabama Forestry Commission. Burn Permits Note the location, what appears to be burning, and the time you saw it. ADEM handles air quality complaints tied to open burning through its main contact channels.