Tennessee Burn Permit Requirements: Notice, Limits, and Penalties

If you plan to burn brush, leaves, or a debris pile within 500 feet of any forest, grassland, or woodland in Tennessee, you need a Tennessee burn permit from the Division of Forestry any time between October 15 and May 15. The permit is free, takes a few minutes to get online at BurnSafeTN.org or by phone, and burning without one during that window is a criminal misdemeanor.¹²

When a Permit Is Required

Fire season in Tennessee runs from October 15 through May 15 every year. During that window, a Division of Forestry permit is required before you light any debris pile or conduct a prescribed burn within 500 feet of a forest, grassland, or woodland. The state forester can extend or shift those dates if hazardous conditions warrant, so in an unusually dry year the requirement may start earlier or last longer.¹

Outside fire season, roughly mid-May through mid-October, the Division of Forestry does not require a state burn permit.³ Air quality rules and local ordinances still apply year-round, and you remain legally responsible for any fire that escapes your property.

Fires That Do Not Need a Permit

Not every outdoor fire triggers the requirement. Even during fire season, the Division of Forestry exempts:³

Grilling and outdoor cooking fires.
Ceremonial bonfires tied to cultural or religious events.
Fires in barrels or containers fitted with a half-inch mesh screen cover.

Recreational campfires and fires in outdoor fireplaces used for warmth or enjoyment are also exempt from the state air quality prohibition on open burning.⁴ Local jurisdictions can still regulate these fires, so the state exemption alone doesn’t mean you’re in the clear.

How to Get Your Permit

There is no fee.² You have two ways to apply:

Online at BurnSafeTN.org, seven days a week from 8:00 a.m. to 11:00 p.m. Online permits cover debris piles up to 8 feet by 8 feet.²
By phone at 877-350-BURN (2876), Monday through Friday from 8:00 a.m. to 4:30 p.m. Central time, excluding holidays. Use this option for larger burns or if you don’t have internet access.³

You’ll give your name, phone number, the burn location, what you plan to burn, and the approximate pile size. The Division of Forestry will deny the request if wind, humidity, or drought conditions make burning unsafe, and it can temporarily pause all permit issuance when wildfire risk spikes.³

A permit is valid only for the specific days and hours listed on it.⁵ Standard residential permits are typically issued for a single day, so apply on the day you plan to burn and keep the permit number accessible at the site.

What You Can and Cannot Burn

A burn permit covers vegetation grown on the property where you are burning, untreated wood waste, or other materials specifically allowed by the Tennessee Department of Environment and Conservation (TDEC).⁵ That means leaves, brush, branches, and limbs from your own yard. You cannot haul debris in from another location and burn it under a standard permit.

Tennessee air quality rules flatly prohibit burning certain materials, permit or no permit:⁶

Tires and rubber products.
Plastics, including vinyl siding.
Asphalt roofing materials such as shingles and rolled roofing.
Asbestos-containing materials.
Chemically treated wood, including pressure-treated lumber and painted or coated wood.

When in doubt, don’t burn it. Improper burning can bring fines of up to $25,000.⁷

Two-Day Notice to Neighbors

This is the rule most people miss. Tennessee law requires anyone burning on their own property to give at least two days’ advance notice to neighboring landowners before setting the fire, and to take effective steps to keep the fire from spreading beyond the property line.⁸ Skipping the notice is a separate Class B misdemeanor carrying up to six months in jail and a $500 fine.⁹

The notice doesn’t have to be formal. A phone call, a text, or a knock on the door two days out is enough. Skipping it also weakens your position if the fire causes damage and a neighbor sues.

Local Rules Still Apply

A state burn permit does not override local ordinances. Many Tennessee counties and municipalities have their own burning rules that restrict or outright prohibit open burning, and those local restrictions supersede the state permit.³ Some cities ban outdoor burning entirely within their limits. Others require a separate local permit on top of the state one.

Call your city or county fire department or code enforcement office before you burn, year-round. Holding a valid state permit is no defense against a local citation.

Penalties for Burning Without a Permit

Burning without a required permit during fire season is a Class C misdemeanor, punishable by up to 30 days in jail and a fine of up to $50.¹⁹ The exposure grows quickly from there.

If the Commissioner of Agriculture has issued a burn ban due to extreme fire hazard conditions and you start a fire anyway, the charge becomes reckless burning, a Class A misdemeanor carrying up to 11 months and 29 days in jail and a fine of up to $2,500.¹⁹ Reckless burning also applies if a fire you start on your own land escapes onto someone else’s property.⁸

Beyond criminal charges, you face civil liability for property damage caused by an escaped fire, and the Division of Forestry can recover its suppression costs when a fire is started negligently or willfully.⁸ Burning prohibited materials can trigger TDEC air quality fines of up to $25,000 per violation.⁷ The free permit takes five minutes.

1
Justia. Tennessee Code 39-14-306 – Setting Fires at Certain Times Without Permit
2
TN.GOV. Tennessee Department of Agriculture – Burning Permit
3
Tennessee Division of Forestry. Get a Burn Permit in Tennessee
4
Tennessee Secretary of State. Tennessee Department of Environment and Conservation Rules Chapter 1200-3-4 – Open Burning
5
Legal Information Institute. Tennessee Comp. R. and Regs. 0080-07-05-.03 – Burning-Permit General Requirements and Limitations
6
Legal Information Institute. Tennessee Comp. R. and Regs. 1200-03-04-.03 – Open Burning Prohibited
7
Tennessee Department of Environment and Conservation. Open Burning
8
TN Wildland Fire. Tennessee Wildfire Fire Laws
9
Justia. Tennessee Code 40-35-111 – Authorized Terms of Imprisonment and Fines for Misdemeanors