Open Burning and Recreational Fires

On Red Flag Warning days, all burning is prohibited within the Big Sky area.

Red Flag Warning

Open Burning

Open Burning is allowed with a permit between March 1st and November 30th, unless there is a burn restriction in place. Burn Permits may be purchased online using a debit/credit card or an electronic check (eCheck) for Gallatin County or Madison County.
There are some avenues in which people can occasionally burn during the winter under other authorities. These include:

  • RIndividuals conducting work under a Hazard Reduction Agreement with DNRC
  • RBurning Projects operating under DEQ’s Winter Burning Regulations
  • RProjects operating as a large burner such as the US Forest Service.
Open Burning Permit Rules & Responsibilities

Permit holders are required to activate their permit each time they burn either online or by calling the respective county’s automated phone system, for Gallatin County 1-888-540-8131, for Madison County 1-866-614-0222. An interactive map is also available to allow citizens and county personnel to view all current burn activity within the county.

  1. Notice of Burn: Each permit holder or designee must activate their permit on each day that burning is anticipated.
  2. Preparation for Fires: Before a fire is set, the permit holder or designee shall ensure that adequate fire suppression equipment and personnel are present for fire control during the duration of the burn.
  3. Safe Conditions: No fire shall be set if wind or other weather conditions make it hazardous to burn. If wind or other conditions change making a fire hazardous, the fire must be extinguished as quickly as possible.
    1. Where there is high fire danger, because winds or other conditions make burning hazardous, or if fire suppression equipment and resources are not available, permits may be temporarily suspended until safe conditions exist and to allow assignment of burn priorities (if others request permission to burn at the same time).
    2. Rural fire chiefs may close their Fire Service Area or Fire District to open burning, when necessary.
    3. Permit holders or designees shall extinguish a fire if requested by the Sheriff, a rural fire chief, or other designee.
  4. Daylight Hours Only: No fire shall be set between sunset and sunrise. If it appears that a fire will continue to burn after sunset, the permit holder or designee must notify the Open Burning Number at 406-548-0144.
  5. Control of Fire: The permit holder or designee shall not leave the immediate fire area until the fire has completely burned out, that is, with no embers, smoke or heat remaining.
What responsibilities am I assuming when I light my burn?
  1. Fires shall not be ignited when weather, wind and other conditions make it hazardous to do so.
  2. You must have enough water, hand tools/equipment, and people to keep your fire under control.
  3. If you do not activate your permit before burning, the Fire Department may be dispatched to your fire even though it is under control, and you will be cited.
  4. Burn permit must be accessible at the burn location.
  5. Someone must remain with the fire until it is completely out. (No smoke or hot embers present)
  6. Permission to burn may be revoked at any anytime, due to weather conditions.
Additional Information About Safe Burning in Gallatin and Madison County

What can I legally burn?

  1. Natural vegetation is the ONLY thing that your burn permit allows you to burn.
  2. You are not allowed to burn prohibited materials as outlined in the Montana Department of Environmental Quality’s air quality regulations found at ARM 17.8.604. Some of these items are listed below:

The following materials are PROHIBITED for any open burning by Montana ARM 17.8.604:

  • Any waste which is moved from the premises where it was generated
  • Food wastes
  • Animal droppings
  • Treated lumber
  • Styrofoam
  • Plastics
  • Dead animals or animal parts
  • Pathogenic wastes
  • Hazardous wastes
  • Materials resulting from salvage operations
  • Automobile or aircraft bodies and interiors
  • Wood and wood byproducts that have been coated, painted, stained, treated, or contaminated by a foreign material
  • Oil and petroleum products
  • Standing or demolished structures containing prohibited material
  • Wastes generating noxious odors
  • Insulated wire
  • Poultry litter
  • Tires
  • Rubber materials
  • Tar paper
  • Chemicals
  • Asphalt shingles
  • Asbestos or asbestos-containing material
  • Trade wastes
  • Christmas tree waste
  • Paint

Burn barrels

Burn barrels are a metal barrel of less than 60 gallons with a screen covering the top, at least 10 feet from all flammable material. No material may be burned in a burn barrel that is prohibited under state law. [SEE LIST ABOVE]

If the Big Sky Fire Department is dispatched to a burn that is suspicious in nature or meets the following, law enforcement will be asked to investigate and request prosecution, as applicable:

  • Out of control
  • Has moved to someone else’s property
  • Burning illegal substances, or
  • The person burning does not have a permit
Montana Code Annotated
  • MCA 7-33-2205 & 2206 deal with the fire seasons and permit requirements. Violations under those codes are a misdemeanor with fines possible up to $500 and/or 6 months in jail.
  • If a person burns in a manner that is unsafe, damages property belonging to another, or places anyone in danger of injury or death, the Arson laws apply. Negligent arson, MCA 45-6-102, can be either a misdemeanor or felony, depending on the circumstances. Misdemeanor charges can cost up to $500 and/or up to 6 months in jail. Felony charges can cost up to $50,000 and/or up to 10 years in prison.
  • Open burning may be conducted between March 1 and November 30. You will be liable for all fire suppression costs and damage resulting from any escaped or uncontrollable fire. MCA 50-63-103
  • In all cases, restitution can be ordered separately from the criminal fine. Restitution may include but is not limited to paying damages to other property owners and paying for the firefighting resources.
  • A permit holder may delegate duties to a designated responsible person; however, the permit holder is ultimately responsible for violations.

Recreation and Heating Fires

Small recreational fires that are 36 inches in diameter or less in controlled areas and construction heating devices do not require permits, HOWEVER, people burning in this manner are still responsible for the fires and must follow the 2021 International Fire Code (IFC) requirements listed below.

Section 307 Open Burning, Recreational Fires and Portable Outdoor Fireplaces

307.1 General

A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with Sections 307.1.1 through 307.5.

307.1.1 Prohibited open burning

Open burning shall be prohibited when atmospheric conditions or local circumstances make such fires hazardous.

Exception: Prescribed burning for the purpose of reducing the impact of wildland fire when authorized by the fire code official.

307.2 Permit required

A permit shall be obtained from the fire code official in accordance with Section 105.5 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land on which the fire is to be kindled.

307.2.1 Authorization

Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed.

307.3 Extinguishment authority

Where open burning creates or adds to a hazardous situation, or a required permit for open burning has not been obtained, the fire code official is authorized to order the extinguishment of the open burning operation.

307.4 Location

The location for open burning shall be not less than 50 feet (15 240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15 240 mm) of any structure.

Exceptions:

  1. Fires in approved containers that are not less than 15 feet (4572 mm) from a structure.
  2. The minimum required distance from a structure shall be 25 feet (7620 mm) where the pile size is 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height.
307.4.1 Bonfires

A bonfire shall not be conducted within 50 feet (15 240 mm) of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions that could cause a fire to spread within 50 feet (15 240 mm) of a structure shall be eliminated prior to ignition.

307.4.2 Recreational fires

Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material. Conditions that could cause a fire to spread within 25 feet (7620 mm) of a structure shall be eliminated prior to ignition.

307.4.3 Portable outdoor fireplaces

Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet (3048 mm) of a structure or combustible material.

Exception: Portable outdoor fireplaces used at one and two-family dwellings.

307.5 Attendance

Open burning, bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. Not fewer than one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.