Burning and Fire Pits by Town
Leaf and yard waste burning, and the rules for recreational fires and fire pits.
| Town | Burning rule (code section linked) |
|---|---|
| Madison | No leaf or yard-waste burning; fire pits OK without a license, 15 ft from buildings and lot lines, dry wood only(MGO 34.307(2), 34.307(6)) |
| Cottage Grove | No leaf or brush burning; wood or charcoal only in a manufactured fire pit, 12 ft from buildings(§ 176-1, § 176-2) |
| DeForest | Yard waste fires need a Fire Inspector permit; fire pits OK: dry firewood, 3 ft wide, 10–25 ft from buildings(DeForest Code § 5.23(1)(a), (2)(b)) |
| Fitchburg | No open or yard-waste burning in the urban service area; fire pits OK 10 ft from buildings and lot lines(Fitchburg Code § 70-57(b), (c)) |
| Maple Bluff | Not found. We couldn't find this rule in the town's code; ask the town. |
| McFarland | No leaf or yard-waste burning; fire pits OK with clean firewood, adult present, 10 ft from lot lines(McFarland Code § 26-80) |
| Middleton | No leaf or grass burning without a permit; fire pits OK 15 ft from structures, 5 ft from lot lines(Middleton Code 5.08(2); 16.05(8)) |
| Monona | No leaf or brush burning; wood fires OK 15 ft from lot lines and buildings, attended, not midnight to 7 a.m.(§ 232-13) |
| Mount Horeb | Not found. We couldn't find this rule in the town's code; ask the town. |
| Oregon | Open burning banned (no yard waste); fire pits up to 4 sq ft, dry wood, 15 ft from buildings and lot lines(Oregon Code § 9.14(2)–(3)) |
| Shorewood Hills | Burning needs a Fire Chief permit unless in a fire basket 30 ft from buildings and 10 ft from trees(Shorewood Hills Code § 8.04(1)) |
| Stoughton | No open fire within 30 ft of a lot line, fence, sidewalk or building; no leaf-burning rule found(Stoughton Code § 26-5(a), (b)) |
| Sun Prairie | No yard-waste burning; fire pits with a metal bowl up to 6 sq ft, dry wood only, 10 ft from buildings(Sun Prairie Code § 19.03.020 (amending IFC 307)) |
| Verona | Leaf burning banned; fire pits/chimineas need screens, dry wood only, 10 ft from structures(Verona Code § 5-2-9(a)(4), (b)(4), (e)) |
| Waunakee | No leaf or yard-waste burning; listed, screened fire pit with lid, dry wood, 15 ft from buildings(Waunakee Code § 30-2(a), (b)(2)-(3)) |
Can't burn your leaves? Madison's brush and leaf pickup and the county's drop-off options take them.
State Burning Rules
- The default is no. Wisconsin's air rules ban open burning except in listed cases.(NR 429.04)
- Household yard waste: a household may burn small amounts of dry leaves and plant clippings, unless a local ordinance bans it.(NR 429.04) Small amounts of dry paper, cardboard and clean untreated wood are allowed the same way, on the property where they came from.(NR 502.11)
- Campfires and fire pits: outdoor fires for cooking, ceremonies or recreation are a listed exception.(NR 429.04)
- Households only. The allowance doesn't cover businesses, including landscapers, or demolition debris.(Wisconsin DNR)(Wisconsin DNR)
- Local rules come first. DNR calls its rules the minimum; your city or village can be stricter, and most here are.(Wisconsin DNR)
What You Can Never Burn
Under any permit or ordinance: garbage, any plastic, rubber, tires, shingles and tar paper, vinyl siding, carpet, foam, furniture and mattresses, electronics, wire and metal, oily rags, asphalt, construction and demolition debris, and painted, stained, treated, laminated or glued wood.(Wisconsin DNR) Burning plastic releases dioxins that settle into soil, water and the food chain.(Wisconsin DNR) Landfill, Clean Sweep and disposal covers where those things go instead.
DNR Burning Permits
- Only in DNR protection areas, and never inside cities and villages, which set their own rules.(Wisconsin DNR)
- In Dane County that's the northwest corner. The state rule draws the area by survey township: a block of townships in the county's northwest corner, outside incorporated cities and villages.(NR 30.02) DNR's WisBURN map shows whether your address is inside.
- When: inside the area, any fire other than for warming or cooking needs a permit from January through May unless the ground is snow-covered.(Wis. Stat. 26.12) In a dry fall DNR can reinstate permits by order; it did for parts of Dane County from October 15 to November 9, 2024.(Wisconsin DNR)(Wisconsin DNR)
- Getting one: free, online or at 1-888-WIS-BURN (947-2876), 7 a.m. to 10 p.m.(Wisconsin DNR) After 9 a.m. on each day you plan to burn, check DNR's daily restrictions for your county.(Wisconsin DNR)
- Fire pits: a small fire to warm up or cook on doesn't need a DNR permit; burning debris in a fire pit does.(Wisconsin DNR)
- Burn safely: debris burning is the top cause of wildfires in Wisconsin.(Wisconsin DNR) Keep it small, keep water and tools close, never leave it, and drown and stir it until it's cold.(Wisconsin DNR)(Wisconsin DNR)
Fireworks Permits by Town
Who issues a user's permit, and whether a homeowner can get one.
| Town | Fireworks rule (code section linked) |
|---|---|
| Madison | Fire Chief issues event ($250) and shooter ($250) permits; no permits for backyard use(MGO 34.5608(3), (5), (6); MGO 34.105(16)) |
| Cottage Grove | State law adopted; the Fire Chief issues permits only for public displays by groups(§ 179-1) |
| DeForest | Use permits for 167.10 fireworks: apply to Village Clerk; issued only with Village President's authorization(DeForest Code § 5.26(3), (5)(d)1) |
| Fitchburg | City permits only displays by public bodies, fairs, parks or civic groups, reviewed by the Fire Chief(Fitchburg Code §§ 44-692, 44-695, 44-729) |
| Maple Bluff | Not found. We couldn't find this rule in the town's code; ask the town. |
| McFarland | User's permit from the Village President needed; only public bodies, civic groups and similar can get one(McFarland Code § 11-187, § 11-189, § 38-27; sales banned § 11-186) |
| Middleton | Permit from the City Clerk required to possess or use fireworks; individuals may apply; $1M insurance(Middleton Code 5.15 (amended May 5, 2026)) |
| Monona | Not found. We couldn't find this rule in the town's code; ask the town. |
| Mount Horeb | Not found. We couldn't find this rule in the town's code; ask the town. |
| Oregon | Fireworks permit from the Fire Chief; apply in writing to the Village Clerk; $25 fee(Oregon Code § 9.05(2)–(3)) |
| Shorewood Hills | Fireworks use needs a state 167.10(3) user's permit from the Village President, Police Chief or Fire Chief(Shorewood Hills Code § 8.03(2)) |
| Stoughton | City adopts state fireworks law (Wis. Stat. 167.10) by reference; no extra local ban found(Stoughton Code § 50-3(d)) |
| Sun Prairie | Permits only for public or proximate displays, reviewed by the Fire Chief; hand-lit displays banned(Sun Prairie Code § 19.03.020 (IFC 105, 5608); § 8.44.050(G)) |
| Verona | City issues 167.10 user permits through the Mayor or a council-designated official(Verona Code § 7-6-1(c)(1); § 11-2-4) |
| Waunakee | Village clerk issues fireworks user permits (state 167.10 rules adopted locally)(Waunakee Code § 30-114(a)) |
Legal Fireworks Without a Permit
Wisconsin defines fireworks broadly, then lists items that don't count and need no permit:(Wis. Stat. 167.10)
- Sparklers on a wire or wood stick, up to 36 inches long.(Wis. Stat. 167.10)
- Cylindrical and cone fountains (DOT Division 1.4).(Wis. Stat. 167.10)
- Toy snakes, caps, model rocket engines, party poppers, smoke devices and novelty items that spin or move on the ground.(Wis. Stat. 167.10)
Everything else, including firecrackers, bottle rockets and Roman candles, needs a permit.(Wis. Stat. 167.10) Towns can ban even the exempt items, so local rules can be stricter than this list but never looser.(Wis. Stat. 167.10)
How Fireworks Permits Work
- Who issues them: the mayor, village president or town chair where you'll use them, or someone they designate.(Wis. Stat. 167.10) The table above shows who that is in each town, and several towns don't give permits to individuals at all.
- Who can get one: state law allows individuals and groups, never anyone under 18.(Wis. Stat. 167.10)(Wis. Stat. 167.10) The issuer can require a bond or liability insurance.(Wis. Stat. 167.10)
- Two days' notice: a copy of the permit goes to the local fire or police department at least 2 days before you use them.(Wis. Stat. 167.10)
- Buying: stores can sell permit-only fireworks to permit holders, municipalities and people who aren't Wisconsin residents.(Wis. Stat. 167.10)
- Penalties: up to $1,000 for using or having fireworks without a required permit or against a local ordinance.(Wis. Stat. 167.10) A parent who lets a minor use them is liable for the damage and can be fined up to $1,000.(Wis. Stat. 167.10)
Smoke and Complaints
- Smoke from clean wood and leaves can still irritate eyes and lungs and cause headaches, especially for people with asthma or heart or lung disease.(Wisconsin DNR) DNR has measured high fine-particle levels during and right after fireworks.(Wisconsin DNR)
- A fire that's spreading or threatening property: call 911. For other complaints, start with your city or village, which enforces its own burning and nuisance rules.(Wisconsin DNR) DNR takes complaints about burning state law prohibits, but says it can't respond to complaints about burning household waste.(Wisconsin DNR)
Indoor smoke and carbon monoxide are on indoor air safety.
Questions
Do I need a burning permit in Dane County?
Inside a city or village, the town's own rules decide, and most Dane County cities and villages ban burning leaves and yard waste. DNR burning permits apply only in DNR fire protection areas, which in Dane County cover just part of the northwest corner, outside cities and villages. DNR's WisBURN map shows the boundary.
Can I have a fire pit in Madison?
No leaf or yard-waste burning; fire pits OK without a license, 15 ft from buildings and lot lines, dry wood only.
Are fireworks legal in Wisconsin?
Sparklers up to 36 inches, fountains, snakes, caps, smoke devices and ground spinners are legal without a permit under state law. Anything that flies or explodes needs a user's permit from the mayor, village president or town chair, and local rules can be stricter.
Can I buy fireworks in Wisconsin without a permit?
Stores can sell permit-only fireworks to permit holders, municipalities and people who aren't Wisconsin residents. That's why stands ask for a permit or out-of-state ID.