Nebraska Burn Permit: Do You Need One and When
Nebraska bans open burning statewide all year and then hands the exception to your local fire chief, so the whole business is one phone call to the fire department, a form the State Fire Marshal wrote, a fee of no more than ten dollars if your department charges at all, and a permit good for the hours of that one burn.
Do you need a burn permit in Nebraska?
Yes, and the state issues it
Nebraska requires a state burning permit, and no part of the year is closed, so the answer is the daily check.
- Who issues it
- Nebraska State Fire Marshal
- Issued by
- the chief of your local fire department, or a member of the department the chief designates, on a form the State Fire Marshal prescribes
- What it costs
- Up to $10, and only if the local fire department chooses to charge
- How long it lasts
- one burn, on the date and between the beginning and ending times written on the permit
(2) The fire chief of a local fire department may waive an open burning ban under subsection (1) of this section for an area under the local fire department's jurisdiction by issuing an open burning permit to a person requesting permission to conduct open burning.Nebraska Revised Statute 81-520.01, Statewide open burning ban; waiver; permit; fee; terms, defined, Nebraska Legislature, read September 23, 2026. Read it at the source
Where you get one
- Local fire chief
- A form prescribed by the State Fire Marshal
When you may burn in Nebraska
Statewide dates
The state closes no part of the year, so the answer is the daily check.
Nebraska sets no burning season. A statewide open burning ban stands every day of the year, and the local fire chief lifts it for your burn by issuing a permit.
- Who sets it
- Nebraska Legislature
- Checked against
- Nebraska Revised Statute 81-520.01, Statewide open burning ban; waiver; permit; fee; terms, defined, Nebraska Legislature
(1) There shall be a statewide open burning ban on all bonfires, outdoor rubbish fires, and fires for the purpose of clearing land.Nebraska Revised Statute 81-520.01, Statewide open burning ban; waiver; permit; fee; terms, defined, Nebraska Legislature, read September 23, 2026. Read it at the source

What you may and may not burn in Nebraska
What the state names as burnable
- trees, brush and other vegetation removed from road and utility right-of-ways
- trees, brush, vegetation and untreated lumber generated as a result of land clearing, and construction activities
- straw used as a winter insulating cover on agricultural products
- untreated wood and trees at community burn sites
- trees or vegetation indigenous to the property, in an agricultural operation
- household refuse on residential premises containing ten or less dwelling units
002.02H Permits for open fires as specified in this regulation will be granted only if there is no other practical means of disposal. Any burning of materials not specified in the burning permit may result in withdrawal of the permit.Title 129, Nebraska Air Quality Regulations, effective 09-28-2022, Nebraska Department of Water, Energy, and Environment, read September 23, 2026. Read it at the source
What Nebraska asks of the weather and the site
Setbacks, wind limits and what has to be on hand. These are written into the rule rather than offered as advice.
- the local fire chief decides which conditions are acceptable, and may write those standards down
- when the chief has waived the ban rather than issued a permit, tell the chief before you light the fire
- the permit names the date and the beginning and ending time of the burn
- the local fire department may add requirements of its own
(4) The fire chief of a local fire department may adopt standards listing the conditions acceptable for issuing a permit to conduct open burning under subsection (2) of this section.Nebraska Revised Statute 81-520.01, Statewide open burning ban; waiver; permit; fee; terms, defined, Nebraska Legislature, read September 23, 2026. Read it at the source
What your town can add in Nebraska
Cities and villages may forbid burning the state otherwise allows, and the state air rules say so twice, for backyard refuse and for permitted brush burning alike.
002.02E Unless prohibited by local ordinances, fires set to destroy household refuse on residential premises containing ten or less dwelling units, by individuals residing on the premises providing no nuisance or traffic hazard is created.Nebraska Revised Statute 81-520.01, Statewide open burning ban; waiver; permit; fee; terms, defined, Nebraska Legislature, read September 23, 2026. Read it at the source
Nebraska burn permit questions
Burn permits in other states
Nebraska rules read September 23, 2026 from Nebraska Revised Statute 81-520.01, Statewide open burning ban; waiver; permit; fee; terms, defined, Nebraska Legislature. Rules change, a county or town may be stricter than the state, and a burn ban issued today overrides a season that is otherwise open. Every state is on the burn permit hub.