When Do You Need a Burn Permit in Tennessee?

You need a burn permit in Tennessee any time you set an open-air fire between October 15 and May 15 within 500 feet of a forest, grassland, or woodland. The Tennessee Division of Forestry issues these permits free of charge, and you can get one in a few minutes at BurnSafeTN.org or by calling 877-350-BURN. A handful of common fires are exempt, cities often add their own rules, and burning without a permit when you need one is a criminal offense.

When a Permit Is Required

Tennessee’s permit season runs from October 15 through May 15. During that window, any open-air fire within 500 feet of a forest, grassland, or woodland needs a permit from the state forester or an authorized representative.¹ The 500-foot rule is measured from the nearest edge of qualifying vegetation, so a pile in an open field can still trigger the requirement if a tree line sits within that distance.

The state forester can also shift the dates when conditions call for it. A dry fall or a late-spring drought can push the permit window to start earlier or end later than the standard calendar.¹ Check BurnSafeTN.org before you light anything, even outside the usual season.

Fires That Don’t Need a State Permit

Several common outdoor fires are exempt from the state permit requirement:

Cooking fires, including grills and barbecues.
Campfires, fire pits, and outdoor fireplaces used for recreation or ceremony.²
Fires in a metal barrel covered with a half-inch mesh screen.³

Fires inside incorporated city limits also sit outside the state permit system, but only where the city has adopted its own fire ordinances.¹ City rules are often stricter than the state’s. Call your local fire department or city hall before you burn.

How to Get a Burn Permit

Permits are free. The Division of Forestry offers two ways to request one:

Online at BurnSafeTN.org, seven days a week from 8 a.m. to 11 p.m.
By phone at 877-350-BURN (2876), Monday through Friday, 8 a.m. to 4:30 p.m. Central, excluding holidays.³

You’ll be asked for your name, phone number, the address of the burn site, what you plan to burn, and the estimated size of the burn. A permit is valid only for the day it is issued, and the fire must be completely out by midnight. If you need to keep burning the next day, pull a new permit.³

The Division can stop issuing permits, or revoke ones already issued, when wind, drought, or air quality make burning unsafe.

What You Still Can’t Burn

A permit does not let you burn whatever you want. Tennessee’s air-quality rules apply year-round and limit open burning to natural vegetative debris such as leaves, branches, and brush. The state prohibits burning:

Tires and other rubber products
Plastics
Vinyl siding and shingles
Asphalt shingles and roofing materials
Asbestos-containing materials⁴

Household trash, treated lumber, and construction debris also fall outside the exceptions for open burning. The Tennessee Department of Environment and Conservation enforces these rules and can impose fines up to $25,000 per incident for burning prohibited materials.

Burn Bans Override Your Permit

A burn ban is a separate restriction. When extreme fire-hazard conditions develop, the Commissioner of Agriculture can issue a ban after consulting with the state forester and the affected county mayors. The ban prohibits all open-air fire in the designated area, and no permit overrides it.⁵

Burning during a ban is charged as reckless burning, a Class A misdemeanor carrying up to 11 months and 29 days in jail, a fine up to $2,500, or both.¹⁶ Active bans are posted on the Division of Forestry’s website, and BurnSafeTN.org will not issue permits in an area under a ban.

Penalties for Burning Without a Permit

Setting an open-air fire during permit season without one is a Class C misdemeanor, punishable by up to 30 days in jail, a fine of up to $50, or both.¹⁶ The statutory fine is small. The real exposure comes if the fire gets away from you.

If your fire escapes onto someone else’s property, you face a reckless-burning charge regardless of whether you had a permit. The same charge covers starting a fire on another person’s land or violating a burn ban. Reckless burning is a Class A misdemeanor, with penalties up to 11 months and 29 days in jail and a fine up to $2,500.⁷⁶

On top of the criminal charge, anyone who negligently or willfully sets a fire is civilly liable to the Division of Forestry for the cost of putting it out.⁸ Suppression costs for a multi-crew response can run far above the criminal fine, and the permit itself provides no shield against civil claims by neighbors whose property your fire damages.

Safe Burning Rules the Permit Assumes

Pulling a permit obligates you to burn safely. Before lighting the pile, rake or plow a firebreak around the entire burn area. The required width depends on what surrounds you: at least three feet of bare ground through leaves or short grass, and at least five feet through tall grass or brush. For burn piles, make the break wide enough to catch rolling debris, and keep the pile clear of overhanging branches and overhead utility lines.³

You must stay with the fire from the moment it is lit until it is completely out and cool. Walking away is not allowed. Keep hand tools and a water source nearby, and feed the pile gradually rather than lighting a tall stack all at once. If you plan to burn wooded land, give adjacent landowners at least two days’ notice.³

1
Justia Law. Tennessee Code 39-14-306 – Setting Fires at Certain Times Without Permit
2
Legal Information Institute. Tennessee Code 1200-03-04-.04 – Exceptions to Prohibition
3
Tennessee Government. Get a Burn Permit in Tennessee
4
Legal Information Institute. Tennessee Comp. R. and Regs. 1200-03-04-.03 – Prohibition
5
Tennessee Government. Burn Bans in Tennessee
6
Justia Law. Tennessee Code 40-35-111 – Authorized Terms of Imprisonment and Fines for Misdemeanors
7
Justia Law. Tennessee Code 39-14-304 – Reckless Burning
8
Tennessee Wildland Fire. Tennessee Wildfire Laws