Shelby County Burn Ban: Exceptions, Permits, and Penalties

A Shelby County burn ban is in effect every year from May 1 through October 31 under an Alabama Department of Environmental Management (ADEM) seasonal order, and a separate statewide drought emergency can impose a stricter, all-fires ban at any time of year. Both are enforceable: fines run up to $500, and jail time is on the table. Which rule applies to your fire depends on the date and whether the Governor and State Forestry Commission have declared a drought emergency covering the county.

The Two Bans That Can Be in Effect

Shelby County sits under two separate burn-restriction systems that can operate independently or at the same time.

The ADEM Seasonal Ban (May 1–October 31)

ADEM prohibits open burning in Shelby County every year from May 1 through October 31 to protect air quality during the months when smog and ground-level ozone are at their worst.¹ This is a pollution rule, not a fire-safety rule, which is why the dates don’t move with the weather. Under ADEM’s administrative code, the only fires allowed year-round are those for cooking food, recreational or ceremonial purposes, fire hazard abatement declared by a fire department, disease or pest control, and certain approved agricultural practices.² From November 1 through April 30, you can burn vegetation and untreated wood for yard clearing and similar purposes, subject to permit requirements.

Drought Emergency Orders

When wildfire conditions turn dangerous, the Alabama Forestry Commission, with the Governor’s approval, can declare a drought emergency covering specific counties or the whole state.³ A drought emergency is far more restrictive than the ADEM seasonal ban. It prohibits all outdoor burning, including campfires, trash fires, and prescribed burns, and it can shut down activities that ADEM would otherwise allow.⁴ A less severe “Fire Alert” is sometimes issued first; during a Fire Alert, burn permits are limited to Certified Prescribed Burn Managers with adequate manpower and equipment.

How to Check Which Ban Is Active Right Now

For the ADEM seasonal ban, the Shelby County Emergency Management Agency posts the current status on its website.¹ For drought emergencies and Fire Alerts, go to the Alabama Forestry Commission’s Burn Restrictions page, since AFC is the agency that issues and lifts those orders.⁴ If you’re planning a burn during the open-burning months, AFC also publishes a Burn Weather page with wind, humidity, and fire-behavior forecasts.⁵

What You Cannot Burn Under Each Ban

During the ADEM seasonal ban, open burning of yard debris, fallen branches, leaves, and land-clearing material is prohibited in Shelby County. This is the restriction that catches most homeowners off guard, since it applies regardless of drought conditions or fire danger.

During a drought emergency, the restrictions go further. No outdoor fire is permitted at all. The only exception is a backfire set by the Forestry Commission or by a private individual to save life or property, and the individual bears the burden of proving that necessity in court.⁶

Some materials are off-limits all year, in every season, with or without an active ban. ADEM allows only vegetation and untreated wood in an open fire. You cannot burn plastics, rubber, asphalt products, vinyl, treated or painted wood, insulation, cardboard, chemicals, garbage, or salvage materials at any time.² Burning household trash is never legal in Shelby County, even during the open-burning months from November through April.

Cooking and Fire Pit Exceptions

ADEM’s rules carve out permanent exceptions for cooking food and for recreational or ceremonial fires.² So during the regular seasonal ban, your grill and your backyard fire pit are still fine. Those fires aren’t considered open burning of waste material, which is what the seasonal ban targets.

A drought emergency changes that. Barbecue fires are still allowed, but only in a charcoal grill, masonry barbecue pit, or gas grill. You need to clear all burnable material in a circle at least 10 feet wide around the grill, and you should have a water hose on site to catch loose sparks. Side fires used to generate coals for barbecue must also be contained within a grill or masonry pit.⁴ Open fire pits and chimineas used purely for recreation do not fall under the barbecue exception during a drought emergency. If you can’t contain the fire inside a grill or masonry structure, don’t light it.

Burn Permits When the Ban Is Lifted

Even in the November-through-April open-burning months, Alabama law requires a burn permit from the Alabama Forestry Commission for any prescribed burn for agricultural or silvicultural purposes. Fires smaller than a quarter acre are the one exception.⁷ You can request a permit by calling the AFC dispatch center at (800) 392-5679, and Certified Prescribed Burn Managers can apply online.

When you request a permit, AFC will ask for the location by latitude and longitude, the approximate acreage, what you’re burning (grassland, fields, forest), and the purpose. Accepting the permit means you’re agreeing that you have the manpower and equipment to keep the fire controlled and that you’ll stay with it until it’s completely out. A permit does not shield you from liability. If your fire or its smoke damages someone else’s property, you’re still responsible. AFC can also cancel your permit mid-burn if weather shifts, if the fire behaves erratically, or if smoke creates a hazard.⁷ During a Fire Alert, only Certified Prescribed Burn Managers can receive permits. During a drought emergency, no permits are issued.⁴ City and county ordinances can be stricter than state rules, so check with your municipality too.

Penalties if You Burn Anyway

Penalties stack. A single illegal fire can trigger charges under more than one statute.

Burning during a declared drought emergency is a misdemeanor under Alabama Code Section 9-13-142. The fine runs from $250 to $500, and the court can add up to six months in county jail.⁸ This covers any outdoor fire during the emergency, including campfires, trash fires, and prescribed burns.

Alabama’s general burn law adds a tiered structure that applies year-round:

Class B misdemeanor for letting a fire escape your property and damage someone else’s, for burning debris without reasonable precautions, for setting a fire near woodland without clearing surrounding material, or for burning without a required permit.⁹
Class A misdemeanor for recklessly, or with wanton disregard for safety, setting fire to forest, grass, or woodland on land you don’t own or control.⁹
Class C felony for willfully and intentionally burning forest, grass, or woodland on someone else’s land.⁹

Beyond criminal exposure, anyone conducting a prescribed burn is civilly liable for damage caused by the fire or its smoke if they failed to exercise the degree of care expected of someone in their situation.¹⁰ If a fire escapes onto a neighbor’s timber, fencing, or structures, the financial exposure can dwarf any criminal fine the court imposes.

1
Shelby County, AL. Emergency Management Agency (EMA)
2
Alabama Administrative Code. Rule 335-3-3-.01 – Open Burning
3
Alabama Legislature. Alabama Code Title 9 Chapter 13 Article 6 Section 9-13-140 – Declaration of Drought Emergency Conditions
4
Alabama Forestry Commission. Burn Restrictions
5
Alabama Forestry Commission. Burn Weather
6
Alabama Legislature. Alabama Code Title 9 Chapter 13 Article 6 Section 9-13-141 – Setting Fires, Building Campfires or Burning Trash During Drought Emergencies; Backfires
7
Alabama Forestry Commission. Burn Permits
8
Office of the Governor of Alabama. Governor Bentley Signs Emergency Drought Condition Declaration
9
Alabama Forestry Commission. Alabama Burn Law
10
Alabama Legislature. Alabama Code Title 9 Chapter 13 Article 11 Section 9-13-273 – Liability for Damage Caused by Prescribed Burn