Do you need a permit to open burn in Fayette County? It depends. What regulations say

Jul 21, 2023

Outside of a few exceptions, you’ll need to apply for a permit if you want to conduct open burning anywhere in Fayette County.

The two main exceptions are grilling and fire pits, but you may also be wondering if it’s OK to burn brush or debris you want cleared from your property. The answer depends on where you are in the county, whether there’s a burn ban in effect, what you plan to burn and how.

Here’s what to know about the rules around burning in Lexington and Fayette County.

As of Monday, there is no burn ban in place for Fayette County.

According to Kentucky’s Energy and Environment Cabinet, county burn bans are issued at the local level by the county’s judge-executive. They are enforced by local law enforcement, and violating a burn ban is a misdemeanor offense.

Burn bans generally prohibit the following activities:

Campfires, bonfires and warming fires

Burning leaves or debris

Open pit cooking and charcoal grilling

Burning grass, forest, crops, woodlands, marshes or similar areas

The use of fireworks and welding may also be prohibited or regulated

Burning is permitted in Fayette County’s outlying areas, but in most cases (the exceptions being grills and fire pits), you will still need to apply for a burn permit.

When a burn ban is issued, all open burn permits are suspended during the ban. Low amounts of rainfall, coupled with high winds and low humidity can trigger such measures.

Outside of those special burn bans, Kentucky law prohibits outdoor burning between the hours of 6 a.m. and 6 p.m. during two fire seasons. Kentucky’s spring forest fire season runs from Feb. 15 to April 30 and its fall fire season begins Oct. 1 and runs to Dec. 15.

According to Susan Straub, the communications director for the Lexington mayor’s office, the fire department does not issue burn permits within city limits, essentially inside Man O’ War Boulevard, Straub said.

“It is illegal to burn brush or any other type of debris within city limits,” Straub told the Herald-Leader in an emailed response. “However, if you have a burn pit that meets the requirements — spark arrester, chimney, etc. — you can burn brush or vegetation. No trash.”

First, it’s worth noting bonfires are not considered fire pits in Fayette County.

Guidance from the Lexington-Fayette Urban County Government’s Division of Fire Emergency Services states burn or fire pits are recreational fires purchased at retailers. A proper fire pit for residential use is small in size and has a chimney or spark arrestor screen to halt burning embers from escaping, the guidance states.

“When a fire pit is built, as opposed to one manufactured, the size of the pit should be considered. A large fire pit can create a lot of fire and smoke and generate complaints from neighbors. These complaints are handled by fire companies coming to your home and extinguishing the fire,” the guidance states.

State fire code also has rules for bonfires, which should be no more than 3 feet in diameter and 2 feet high, according to the guidance.

“Even at this size a large amount of fire and smoke can be created. A spark arrestor screen on top should be utilized like the fire pits sold at area stores to minimize the release of burning embers. When building a pit, choose a location that does not have overhead wires, trees or combustible buildings or structures within 25 feet,” the guidance document says.

First, review the rules and procedure online at lexington.gov/open-burn-permits to get an idea of how the process works.

Then, you can fill out the form available online. For questions about the process, contact Lexington Fire Department Investigations by calling 859-231-5672 or visiting 219 East. 3rd St. in Lexington.

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