Key facts
| Rule | What it says |
|---|---|
| Fire hazard seasons (KRS 149.400) | Feb 15 to Apr 30 and Oct 1 to Dec 15 |
| Within 150 ft of woodland or brushland | Burning only 6 p.m. to 6 a.m., or with snow cover |
| Burn bans (KRS 149.401) | County judge executive, local ordinance or governor; prohibit most or all outdoor burning |
| Louisville, no permit | Clean, dry firewood in an approved pit up to 3 x 3 x 3 ft |
| Louisville, free APCD permit | Up to 5 x 5 x 5 ft |
| Louisville, all fires banned | During an Air Quality Alert or winds over 15 mph |
Sources: KRS 149.400; Kentucky Division of Forestry, Burning Restrictions vs. Burn Bans; Louisville Metro APCD, Recreational Fires FAQ; U.S. Drought Monitor, Kentucky. Checked October 24, 2026.
The fire hazard seasons
KRS 149.400 declares two fire hazard seasons every year: February 15 through April 30 and October 1 through December 15. During those periods it is unlawful to set fire to any flammable material capable of spreading fire that is in or within 150 feet of any woodland or brushland, except between 6 p.m. and 6 a.m. local time, or when the ground is covered with snow. The statute applies even if you have taken the other precautions the law requires.
What that means for a backyard fire pit
If your yard backs onto a wooded lot, a creek line of brush or a field gone to scrub, measure the distance from your pit to the edge. Inside 150 feet, an evening fire after 6 p.m. is allowed under the statute; a Saturday afternoon fire is not, from October through mid December and again from mid February through April. Outside 150 feet, the statute does not limit the fire, though local rules and any burn ban still do. October 24 falls inside the fall season.
Burn bans are different
The Kentucky Division of Forestry explains that burn bans are separate from the seasons. They are issued locally by county judge executives or through local ordinance, and the governor can issue a statewide ban under KRS 149.401. A ban prohibits most or all outdoor burning and overrides the evening allowance. Forestry advises checking with the local fire department, the county judge executive's office and the local Division of Forestry office before burning.
Louisville's rules
Louisville Metro's Air Pollution Control District sets the backyard rules in Jefferson County. Clean, dry firewood in an approved fire pit up to 3 by 3 by 3 feet needs no permit. A free APCD recreational fire permit allows a fire up to 5 by 5 by 5 feet. An approved pit is commercially manufactured and used per the maker's instructions, or permanently constructed or fully lined with noncombustible material such as brick, rock, concrete or heavy gauge metal. All fires are illegal when an Air Quality Alert has been issued or when winds exceed 15 mph, and only firewood may be burned: no garbage, yard waste, brush, or painted or treated lumber.
Worked example: a fire in late October in eastern Louisville
A homeowner in eastern Jefferson County has a steel fire pit about 100 feet from a wooded ravine. On a late October Saturday, KRS 149.400 means the fire waits until 6 p.m. At 6 p.m., they check APCD for an Air Quality Alert and the forecast for wind. With no alert and winds under 15 mph, a firewood fire in the commercially made pit, kept within 3 by 3 by 3 feet, needs no permit. The fallen leaves around the pit get raked back first, since leaves are prohibited fuel and the easiest way for a fire to spread.
Drought this fall
The October 20, 2026 U.S. Drought Monitor showed 52.3% of Kentucky abnormally dry or worse and 13.6% in moderate drought. Dry leaf litter is the main risk in a Kentucky fall, so clear a ring around the pit and keep a hose or extinguisher close.
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Frequently asked questions
When are Kentucky's fire hazard seasons?
February 15 through April 30 and October 1 through December 15 each year, under KRS 149.400.
Can I use a fire pit during Kentucky's fire hazard season?
If the fire is within 150 feet of woodland or brushland, only between 6 p.m. and 6 a.m., or when the ground is covered with snow. Fires farther than 150 feet from woods are not limited by this statute, but local rules and burn bans still apply.
What is the difference between a fire hazard season and a burn ban in Kentucky?
The seasons limit when and where you can burn. A burn ban, issued by a county judge executive, local ordinance or the governor, prohibits most or all outdoor burning.
Do I need a permit for a fire pit in Louisville?
Not for clean, dry firewood in an approved pit up to 3 by 3 by 3 feet. A free Louisville Metro APCD permit allows up to 5 by 5 by 5 feet.
When are all fires banned in Louisville?
When an Air Quality Alert has been issued or when winds exceed 15 mph, according to APCD.
Can I burn leaves in a Louisville fire pit?
No. APCD prohibits grass, tree trimmings, brush, garbage and painted or treated wood. Only clean, dry firewood is allowed.
What counts as an approved fire pit in Louisville?
A commercially manufactured pit used per the maker's instructions, or one permanently built or fully lined with noncombustible material such as brick, rock, concrete or heavy gauge metal.
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