Do You Need a Burn Permit in Tennessee? Rules and Penalties

In Tennessee, you need a burn permit from the Division of Forestry any time you set an open-air fire between October 15 and May 15 within 500 feet of a forest, grassland, or woodland. The permit is free, takes a few minutes to get online or by phone, and covers a single day of burning. Outside that window, the state permit requirement drops off, but your city or county may have its own rules that apply year-round.

When You Need a Permit

Tennessee Code 39-14-306 makes it illegal to start an open-air fire between October 15 and May 15 within 500 feet of any forest, grassland, or woodland without a permit from the state forester or an authorized representative.¹ Raking up a leaf pile, clearing storm-damaged branches, burning woody debris, or running a prescribed burn all require a permit if you’re near wooded land during that season.²

The state forester can also extend or shift the permit period beyond the standard October-to-May window when hazardous conditions call for it.¹

When You Don’t Need One

Several fires are exempt from the state permit requirement even during the October-to-May season. Campfires, outdoor grills, and burn barrels with a mesh screen cover don’t need a permit.² Tennessee’s open burning regulations also exempt fires used for cooking, ceremonial or recreational purposes, and comfort heating, including barbecues and outdoor fireplaces.³

There’s another exemption many people miss. The state permit law doesn’t apply inside the corporate limits of an incorporated town or city that has passed its own ordinances controlling fires.¹ If you live in such a municipality, the city’s ordinance governs instead. Call your local fire department to find out what applies where you are.

From May 16 through October 14, the Division of Forestry doesn’t require state permits at all. Some counties and municipalities still maintain year-round burning rules, and those local restrictions override the summer break from state permitting.⁴ Check locally before assuming a summer burn is unrestricted.

How to Get a Burn Permit

Permits are free. You’ll need to provide your name, phone number, the address where the burn will take place, the time of the burn, and a description of the material you plan to burn.⁵ There are two ways to get one, and which you use depends on the size of your burn.

Online for Small Burns

For leaf and brush piles no larger than 8 feet by 8 feet, get a permit through BurnSafeTN.org or the MyTN mobile app.⁵ The online system is available seven days a week from 8:00 a.m. to 11:00 p.m.⁴ This covers most residential yard debris burns.

By Phone for Larger Burns

Anything bigger than an 8-by-8 pile, including land clearing, agricultural burns, and prescribed fires, requires calling the Division of Forestry at 877-350-BURN (2876). Phone permits are issued Monday through Friday, 8:00 a.m. to 4:30 p.m. Central time, except holidays.⁴ Larger or more complex burns may involve coordination with local forestry staff before you get approval.

One Day at a Time

Each permit is valid for one day only. Get your permit on the same day you plan to burn, and make sure the fire is completely out by midnight. If the burn runs over, you need a new permit for the next day.²

What You Can and Can’t Burn

A permit doesn’t authorize you to burn anything you want. Tennessee allows leaves, branches, tree limbs, lawn clippings, and clean untreated wood. The following are prohibited:

Tires and other rubber products
Plastics and synthetics, including vinyl siding, vinyl shingles, and styrofoam
Asphalt shingles and other asphalt-based roofing
Treated lumber, painted or coated wood, and construction or demolition debris
Household trash, paper, cardboard, aerosol cans, and food cans
Paints, chemicals, asbestos-containing materials, coated wire, and batteries

Burning prohibited materials can bring fines up to $25,000.⁶ That penalty comes from environmental enforcement and is separate from any charges for burning without a permit.

Safety Rules That Apply to Every Burn

Someone must stay with the fire the entire time it burns, until it’s completely out. Leaving a fire unattended is against the law.⁶ The Division of Forestry also recommends raking or plowing a bare-ground firebreak around the burn area (at least 3 feet wide through leaves or short grass, wider through taller vegetation), keeping a water hose, shovel, or rake within arm’s reach, and not burning on windy or dry days when conditions make control difficult.

These aren’t only safety suggestions. If your fire escapes and damages someone else’s property, you’re liable for the loss.²

Burn Restrictions vs. Burn Bans

Tennessee uses two separate emergency measures when fire danger rises, and the difference matters.

A burn restriction is when the Division of Forestry temporarily stops issuing permits because wildfire risk is elevated. Any fire that would normally need a permit is off-limits until issuance resumes. Campfires, outdoor grilling, and mesh-covered burn barrels are still allowed.²

A burn ban is more severe. When extreme fire hazard conditions exist, the Commissioner of Agriculture can issue a ban for specific counties at the request of county mayors, and the Governor can issue one regionally or statewide.¹ A ban prohibits all open-air burning, including campfires, grills, and debris piles.²

Penalties for Violations

The consequences depend on what rule you break.

Burning without a permit during the October 15 through May 15 season is a Class C misdemeanor.¹
Violating a burn ban is treated as reckless burning under Tennessee Code 39-14-304 and punished as a Class A misdemeanor, the most serious misdemeanor classification in Tennessee.¹
Burning prohibited materials can bring environmental fines up to $25,000, whether or not you had a permit.⁶

Those are the government penalties. Civil liability is separate and often larger. If your fire escapes onto a neighbor’s land, you can be held personally responsible for property damage, timber loss, and potentially the cost of fire suppression if state or local crews respond.² Burning without a required permit can be treated as negligence on its own in a civil case, which makes a damage claim much harder to defend. Next to that exposure, the cost of a free permit looks small.

1
Justia Law. Tennessee Code 39-14-306 – Setting Fires at Certain Times
2
TN.gov. Get a Burn Permit in Tennessee
3
Tennessee Department of Environment and Conservation. Chapter 1200-3-4 Open Burning
4
TN.gov. Safe Debris Burning Tips
5
TN.gov. Burning Permit – License Details
6
TN.gov. Open Burning