In most cases, yes: the Alabama Forestry Commission says state law requires its burn permit before you burn any woodland, grassland, field or new ground that is over a quarter of an acre or lies within 25 feet of natural fuels such as woods or grass. The permit is free and is issued by phone through the Commission's dispatch center at (800) 392-5679 before you light anything.
What the Alabama Forestry Commission says
The Commission's burn permit page points to Alabama Code section 9-13-11, which covers burning new ground, fields, grasslands and woodlands. New ground is land that has just been cleared, which is exactly what a clearing job leaves behind. The same page says a fire smaller than a quarter of an acre falls under the permit threshold, and the Commission's FAQ adds that a burn lying within 25 feet of natural fuels, such as woods or grass, needs the permit too. A small pile of limbs in a clear spot is on one side of that line. Rows of pushed-up trees on a freshly cleared tract are on the other. If you are not sure which side you are on, call the Commission and ask. Rules change, so check both agencies before you burn.
How to get a burn permit
Call the Forestry Commission dispatch center at (800) 392-5679 before you burn. The Commission says there is no cost for the permit. Its page says prescribed burn managers who hold the state certification can also get one online. Have four things ready when you call: where the burn is, given as exactly as you can (the Commission asks for the latitude and longitude, which a phone map will show you), the approximate size, what is being burned, and the purpose of the burn. Get the permit before you light the fire, not after it is burning.
What the permit commits you to
The Commission describes the permit as your word that you have the people and equipment to control the fire and that you will stay with it until it is out. You remain responsible for any damage the fire or its smoke does to someone else. The Commission can cancel a permit if its terms are not met, if the weather turns and the fire behaves dangerously, or if the smoke becomes a hazard to others. It has also said that burning a field, grassland or woodland without a permit can be prosecuted as a Class B misdemeanor. A fire lane around the burn goes in first. See firebreaks and fire lanes.
What you cannot burn
Only vegetation. The Forestry Commission says a permitted burn must not contain vehicle tires, construction material, household garbage or anything else ADEM prohibits. ADEM is the Alabama Department of Environmental Management. That is why an old house, a trailer, shingles, treated lumber or a pile of fence posts and wire does not go on the brush pile. ADEM classes debris from demolishing a building as regulated solid waste, and it goes to a permitted landfill. On our jobs, brush may be burned where it is allowed, and building debris is loaded and hauled.
ADEM's conditions for burning cleared vegetation
ADEM publishes its own sheet on disposing of vegetation from land clearing. When we read it, it said the burning must be of clean vegetation only, with no fuel or other refuse added, and must take place on the property the vegetation came from. The fire should be at least 500 feet from the nearest occupied dwelling and far enough from any road that smoke does not cause a visibility problem. It should be started between 8 a.m. and 3 p.m., with nothing added after 3 p.m. Five hundred feet is a long way on a small lot. On a house lot in town it often rules burning out.
Summer burn restrictions and No Burn Orders
ADEM lists twelve counties where this kind of open burning is restricted from May 1 to October 31: Baldwin, DeKalb, Etowah, Jefferson, Lawrence, Madison, Mobile, Montgomery, Morgan, Russell, Shelby and Talladega. None of the eight west Alabama counties we work was on that list when we checked, which is no promise for next year. Dry weather brings a second layer. Under a Fire Alert the Forestry Commission limits or stops issuing permits. Under a Drought Emergency declaration, which people call a No Burn Order, all outdoor burning is prohibited until the order is lifted. Cities can have their own rules as well, so inside city limits ask City Hall or the fire department first.
If you would rather not burn at all
There are other ways to deal with cleared brush. ADEM's sheet names two: take it to a permitted landfill, or let it rot down naturally. Forestry mulching skips the pile completely. The brush is ground where it stands and left as a layer of chips, so there is nothing to burn, nothing to haul and no burn day to wait on. On a land clearing job, where the timber is too big to mulch, we price burning and hauling side by side so you can pick. Burning is cheaper. Hauling is cleaner, and it works in a dry spell when nobody can get a permit.
Common Questions
How do I get a burn permit in Alabama?
Call the Alabama Forestry Commission dispatch center at (800) 392-5679 before you burn. The Commission says the permit costs nothing. Be ready to give the location, the approximate size of the burn, what is being burned and why. You agree to have the people and equipment to control the fire and to stay with it until it is out.
Do I need a burn permit for a small brush pile in Alabama?
The Forestry Commission's page says a fire smaller than a quarter of an acre falls below its permit threshold, unless it lies within 25 feet of natural fuels such as woods or grass. The other rules still apply: only vegetation, no burning during a No Burn Order, ADEM's distance and time conditions, and any city rule where you live. If you are close to the line, call the Commission at (800) 392-5679 and ask.
Can I burn an old shed or building debris with a brush pile in Alabama?
No. The Forestry Commission says a permitted burn must not contain construction material, tires or household garbage, and ADEM classes building demolition debris as regulated solid waste that goes to a permitted landfill. Keep lumber, shingles, wire and furniture out of the brush pile and have them hauled.
What to Do Next
Check the Forestry Commission and ADEM pages before you plan a burn, because the rules and the weather both move. If you would rather have the brush mulched or the debris hauled, call or text (205) 535-6376 and tell us what you have. The estimate is free.
See our land clearing page or call or text (205) 535-6376.