Tennessee Burning Laws: Consequences Of Violation

If you break burning laws in Tennessee, you may be fined or even jailed, depending on the severity of the violation. Burning without a permit, for example, is considered a Class C misdemeanor, punishable by up to 30 days in jail, a fine of up to $50, or both. More serious violations, such as violating a Commissioner of Agriculture-imposed burn ban, are considered reckless burning and are punishable as a Class A misdemeanor, with a fine of $2,500 and/or up to 11 months and 29 days in jail.

Fines and jail time may be incurred for violating burning laws

Tennessee has strict burning laws, and violating them can result in fines or even jail time. From October 15 through May 15, a burn permit from the Tennessee Division of Forestry (TDF) is required for debris pile fires and prescribed fires. Permits are free and easily obtainable online or by phone. However, obtaining a permit does not mean that burning is always allowed. When weather conditions are hazardous, the TDF will pause the issuance of burn permits until conditions improve.

Violating a burn ban imposed by the Commissioner of Agriculture, in consultation with the state forester and county mayor, is considered reckless burning and is punishable as a Class A misdemeanour. This can carry a fine of $2,500 and/or up to 11 months and 29 days in jail. Even without a burn ban, burning without a permit is a Class C misdemeanour, punishable by a maximum of 30 days in jail, a fine of up to $50, or both.

Improper outdoor burning can also lead to hefty fines. The Tennessee Department of Environment and Conservation (TDEC) states that fines for improper burning can reach up to $25,000. To avoid fines and jail time, it is crucial to follow all burning laws and regulations in Tennessee. This includes obtaining the necessary permits, complying with local restrictions, and taking safety precautions to prevent wildfires.

In addition to legal consequences, individuals may be held liable for any damages their fire and smoke cause to other people's property. Therefore, it is essential to follow all safety guidelines, such as notifying neighbours, establishing control lines, and ensuring complete extinguishment of the fire. By following these regulations and taking safety precautions, Tennesseans can help prevent wildfires and protect their communities.

A burn permit is required for debris pile fires and prescribed fires

You can obtain a burn permit in one of two ways: online or by phone. Permits are available online seven days a week, from 8 am to 11 pm in Central and Eastern time zones, depending on your location. To request a permit by phone, call 877-350-BURN (2876) between 8 am and 4:30 pm Central Time, Monday through Friday.

It is important to note that burn permits are only valid for one day, so you should obtain a permit on the day you intend to burn. Be sure your fire is completely out by midnight on the day you obtained your permit, or you will need to get an additional permit for another day.

If you live in a city or county with more restrictive burning regulations, these local laws will supersede the TDF's burn permit program requirements. Check with your local government to learn about any specific restrictions, permit requirements, etc. that apply in your area.

Before you obtain a burn permit, be sure to check with local authorities to ensure there are no local restrictions on burning currently in place, especially if your city or town has its own burning permit system. It is also important to notify your local fire department and neighbours about your plans to burn.

Burning debris without a permit in Tennessee is considered a Class C misdemeanour, and offenders can face a maximum of 30 days in jail, a fine of up to $50, or both. Additionally, improper outdoor burning can lead to fines of up to $25,000.

Local burning laws may supersede state laws

In Tennessee, a burn permit from the Tennessee Division of Forestry (TDF) is required for debris pile fires and prescribed fires from October 15 through May 15. However, local burning laws in some counties or municipalities may supersede TDF's burn permit program requirements. These local regulations are often more restrictive, and residents are advised to contact their local government to learn about these restrictions and requirements.

The permit system is a key communication tool to inform residents about where, when, and how to burn safely. Permits are issued when it is safe to burn and are valid for one day. When it is unsafe to burn, the TDF implements a burn restriction and temporarily pauses the issuance of permits.

It is important to note that improper outdoor burning in Tennessee can lead to fines of up to $25,000. Additionally, violating a Commissioner of Agriculture-imposed burn ban is considered reckless burning and is punishable as a Class A misdemeanor, with a fine of $2,500 and/or up to 11 months and 29 days in jail.

To avoid legal consequences and ensure safe burning practices, residents should always check for local restrictions and obtain the necessary permits.

A burn restriction is not a burn ban

Burn permits are required in Tennessee from October 15 through May 15. A permit is required for debris pile fires and prescribed fires. Permits are issued when it is safe to burn. When it is unsafe to burn due to hazardous fire conditions, the TDF implements a burn restriction and temporarily pauses the issuance of burn permits. Once conditions improve, the TDF resumes issuing permits.

The permit system is one of the key ways the TDF communicates with residents about where, when, and how it is safe to burn. Permits are available online and by phone. Permits are good for one day, so residents must obtain a burn permit on the day they intend to burn. If burning is not complete by midnight, an additional permit is required for the next day.

Fires that require permits include woody debris like branches and hurricane storm debris. Fires that do not require permits include fires in containers or barrels with a 1/2" mesh screen cover.

Some counties or municipalities have their own more restrictive burning regulations that supersede the TDF's burn permit program requirements. If a city or county is on the list of locations with more restrictive regulations, residents should contact their local government to learn about the local restrictions and permit requirements that apply in their area.

Reckless burning is a Class A misdemeanour

In Tennessee, a violation of a Commissioner of Agriculture-imposed burn ban is considered reckless burning and is punishable as a Class A misdemeanour. This carries a fine of $2,500 and/or up to 11 months and 29 days in jail.

A burn ban is different from a burn restriction. When wildfire risk is elevated, the state may temporarily pause the issuance of burn permits. This is a burn restriction, not a burn ban. Burn restrictions do not prohibit campfires, outdoor grilling, or burn barrels with mesh covers. If hazardous fire weather poses an uncommonly severe risk, the Commissioner of Agriculture, in consultation with the State Forester, may issue a burn ban for specific counties at the request of county mayors. The Governor may also issue a burn ban on a regional or statewide basis. Such bans carry more significant punishments when violated than burning without a permit.

Burn bans prohibit all open-air burning, including campfires, outdoor grills, and leaf or debris piles. Examples of fires prohibited during a burn ban include:

• Leaves, brush, fence rows
• Construction debris, boards, plywood, decking, cardboard, etc
• Campfires, cooking fires
• Grills, charcoal or wood-fired (but not natural or propane gas-fired)
• Air curtain destructors

To avoid violating burn bans, it is important to check with local authorities to make sure there are no local restrictions on burning in place, especially in cities and towns that have their own burning permit systems. It is also important to follow basic fire safety guidelines for outdoor burning, such as notifying your local fire department and neighbours of your plans to burn, not burning on windy or dry days, and staying with the fire until it is completely out.

Frequently asked questions