Do You Need a Burn Permit in Tennessee? Rules, Bans, and Penalties

You need a Tennessee burn permit for any open-air fire set between October 15 and May 15 within 500 feet of a forest, grassland, or woodland. The permit is free, takes a few minutes to get online or by phone from the Division of Forestry, and covers a single day of burning. Outside that window, the state permit requirement drops off, but your city or county may have its own rules that apply year-round.

When You Need a Permit

Tennessee Code 39-14-306 makes it illegal to start an open-air fire between October 15 and May 15 within 500 feet of any forest, grassland, or woodland without a permit from the state forester or an authorized representative.¹ During that window, raking up a leaf pile, clearing storm-damaged branches, or running a prescribed burn all require a permit if you’re near wooded land. Covered fires include leaf piles, woody debris, hurricane or storm debris, and prescribed burns.²

The state forester can also extend or shift the permit period beyond the standard October-to-May window when burning conditions warrant it.¹

From May 16 through October 14, the Division of Forestry does not require state permits. Local rules are a different matter. Some counties and municipalities keep their own burning rules and permitting requirements in force year-round, and those local restrictions override state rules.³ Check with your local government or fire department before assuming a summer burn is unrestricted.

When You Don’t Need a Permit

Some fires are exempt even during the October-to-May season. Campfires, outdoor grills, and burn barrels with a mesh screen cover do not need a permit.² Tennessee’s open burning regulations also exempt fires used for cooking, ceremonial or recreational purposes, and comfort heating, including barbecues and outdoor fireplaces.⁴

There’s another exemption many people miss. The state permit law does not apply to fires set within the corporate limits of an incorporated town or city that has passed its own ordinances controlling fires.¹ If you live in one of those municipalities, the city’s ordinance governs instead. Call your local fire department to find out what applies.

How to Get a Burn Permit

Permits are free. You’ll need to provide your name, phone number, the address where burning will take place, the time of the burn, and a description of what you plan to burn.⁵ There are two ways to apply, and which one you use depends on the size of your burn.

Online for Small Piles

For leaf and brush piles no larger than 8 feet by 8 feet, get a permit through the BurnSafeTN.org website or the MyTN mobile app.⁵ The online system runs seven days a week from 8:00 a.m. to 11:00 p.m.³ That covers most residential yard debris.

By Phone for Larger Burns

Anything bigger than an 8-by-8 pile, including land clearing, agricultural burns, and prescribed fires, requires calling the Division of Forestry’s toll-free line at 877-350-BURN (2876). Phone permits are available Monday through Friday, 8:00 a.m. to 4:30 p.m. Central time, except holidays.³ Larger or more complex burns may involve coordination with local forestry staff before you get approval.

One Day Per Permit

Each permit is good for one day only. Get the permit on the day you plan to burn, and have the fire completely out by midnight. A burn that carries over needs a new permit for the next day.²

What You Still Can’t Burn

A permit covers natural yard debris: leaves, branches, tree limbs, lawn clippings, and clean untreated wood. It does not authorize burning household trash or building waste. The following materials are prohibited regardless of permit status:

Tires and other rubber products
Plastics and synthetics, including vinyl siding, vinyl shingles, and styrofoam
Asphalt shingles and other asphalt-based roofing
Treated lumber, painted or coated wood, demolition waste, and other construction debris
Household trash, paper products, cardboard, aerosol cans, and food cans
Paints, chemicals, asbestos-containing materials, coated wire, and batteries

Burning any of these can result in environmental fines up to $25,000, separate from any criminal charges tied to the permit requirement.⁶

Someone must stay with the fire the entire time it burns, until it’s completely out. Leaving a fire unattended is against the law.⁶ The Division of Forestry also recommends raking or plowing a bare-ground firebreak around the burn area (at least 3 feet through leaves or short grass, wider through tall grass or brush), keeping a hose, shovel, or rake within reach, and skipping the burn on windy or dry days.

Burn Restrictions and Burn Bans

If you try to pull a permit and can’t, one of two things is going on, and they aren’t the same.

A burn restriction means the Division of Forestry has temporarily paused permit issuance because wildfire risk is elevated. Any fire that would normally need a permit is off-limits until permits resume. Campfires, outdoor grilling, and screened burn barrels are still allowed.²

A burn ban is stricter. When extreme fire hazard conditions exist, the Commissioner of Agriculture can issue a ban for specific counties at the request of county mayors, and the Governor can issue one on a regional or statewide basis.¹ A ban prohibits all open-air burning, campfires and grills included.²

Penalties If You Skip the Permit

The consequences depend on which rule you break:

Burning without a permit during the October 15 through May 15 season is a Class C misdemeanor.¹
Violating a burn ban is treated as reckless burning and punishable as a Class A misdemeanor, the most serious misdemeanor classification in Tennessee.¹
Burning prohibited materials can lead to environmental fines up to $25,000, with or without a burn permit.⁶

Civil liability is the separate exposure, and often the larger one. If your fire escapes, you can be held responsible for the damage your fire and smoke cause to other people’s property.² That can include property damage, timber loss, and fire suppression costs when state or local crews respond. Burning without a required permit can be treated as negligence on its own in a civil case, which makes a damage claim much harder to defend. Against the cost of replacing a neighbor’s fence, outbuilding, or timber, a free permit is cheap insurance.

1
Justia Law. Tennessee Code 39-14-306 – Setting Fires at Certain Times
2
TN.gov. Get a Burn Permit in Tennessee
3
TN.gov. Safe Debris Burning Tips
4
Tennessee Department of Environment and Conservation. Chapter 1200-3-4 Open Burning
5
TN.gov. Burning Permit – License Details
6
TN.gov. Open Burning