Burning Land Clearing Debris in Lee County

Burning land clearing debris in Lee County, including Lehigh Acres, takes a Florida Forest Service authorization before the pile is lit, and state rules set the hours, the attendance and setbacks from neighbors' homes that run to hundreds of feet. Lee County also declares countywide burn bans in drought; one began January 20, 2026. On a quarter-acre lot with houses around it, burning is rarely workable. This guide covers the rules, the bans, and what to do with the debris instead.

State law: authorization comes first

Under section 590.125 of the Florida Statutes, pile burning is "the burning of silvicultural, agricultural, land-clearing, or tree-cutting debris originating onsite," and "An authorization to burn must be obtained from the Florida Forest Service." The statute describes pile burning as a temporary procedure that "operates on the same site for 6 months or less."

The state's open burning flyer (revised 2015) says agricultural, silvicultural, land clearing, pile and acreage burning "all require" Forest Service authorization, and lists Lee County under the Caloosahatchee Forestry Center, which also covers Collier and Hendry. Get current authorization steps from the Florida Forest Service directly.

Setbacks

Rule 5I-2.006 of the Florida Administrative Code sets how far a pile must be from roads, homes and woods. As posted (amended in 2014):

Kind of pileOccupied buildings (not the landowner's)Woods, brush, combustible structuresPaved public road
Residential land clearing; farm and forestry piles300 ft50 ft100 ft
Other land clearing, without an air curtain incinerator1,000 ft100 ft100 ft
Air curtain incinerator300 ft50 ft50 ft

The rule allows setbacks to be waived if "all of the affected parties agree in writing." Check the current text at flrules.org before you plan around these numbers.

What 300 feet means on a Lehigh lot

A quarter acre is 10,890 square feet, which would be about 104 feet on a side if the lot were square; a half acre would be about 148 feet. A 300-foot setback from every neighbor's occupied house is roughly three quarter-acre lot widths in each direction. On a street where houses already stand, that distance usually isn't there, so mulching or hauling is the practical route on most built-up streets. Larger open tracts are where burning is more likely to be workable; see acreage clearing.

Hours, attendance and what can't burn

Under 5I-2.006, ignition starts no earlier than 9:00 a.m. Eastern, and non-certified pile burns are to be done by one hour before sunset. The state air rule, 62-256.700, adds that a land-clearing burn is restricted to the site where the debris came from, can show "no visible flame one hour before sunset or anytime thereafter," must be attended "and adequate fire extinguishing equipment is readily available," and that the person responsible contacts the Florida Forest Service.

The state's burning flyer lists what is illegal to burn: household garbage (including paper), treated lumber, plastics, rubber, tires, pesticides, paint and aerosol containers. Piles over 8 feet in diameter need authorization, suppression equipment and extra setbacks. And if a fire gets away, "you may be liable for costs of suppression and damage."

Lee County burn bans

On January 20, 2026, the Lee County Board of County Commissioners enacted a countywide burn ban covering unincorporated Lee County and its cities, by adopting a State of Local Emergency. It prohibited "outdoor burning ignition sources," including campfires, bonfires and trash burning, with exemptions for prescribed burns authorized by the Florida Forest Service and permitted fireworks.

The county's release says a ban requires a Keetch-Byram Drought Index of at least 600; the Lee County mean was 637 on January 19, 2026. No end date was set. The county extended the ban weekly and let it expire in late May 2026 as seasonal rains arrived, according to the county's May 27, 2026 release. Updates on any new ban are posted on leegov.com.

Is a ban in effect today?

This page can't tell you. Check Lee County's news at leegov.com and ask the Florida Forest Service before planning any burn.

Lehigh's fire district

The Lehigh Acres Fire Control & Rescue District answers at 239-303-5300. In April 2017, the district voted a temporary prohibition on outdoor fires other than barbecues ahead of any county ban, WINK News reported. During a county burn ban, the district's spokesperson told Fox 4: "Absolutely no burning of any kind outside right now is allowed." Ask the district about any local rules before you burn.

Yard waste is a separate category

Burning yard waste falls under lighter rules in 62-256.700: 25 feet from woods, brush or combustible structures, 50 feet from paved public roads, and 150 feet from any occupied building other than one you own or lease. Land clearing debris isn't yard waste.

Better options on most lots

  • Mulch in place with a forestry mulcher. Nothing to burn or haul. See forestry mulching.
  • Haul it. Lee County's curbside yard waste is one pickup a week with 50-pound, 6-foot bundles, so clearing debris goes by truck; the county suggests asking your hauler for an estimate.
  • Air curtain incinerator on a large tract, at its own setbacks.

Burning questions

Can I burn brush on my Lehigh Acres lot?

Only with Florida Forest Service authorization, outside any county burn ban, and at the state setbacks. With houses nearby, the 300-foot setback from neighbors' homes often rules it out.

Is there a burn ban right now?

Check Lee County's news at leegov.com. The ban enacted January 20, 2026 was allowed to expire in late May 2026.

Can the contractor burn it for me?

Whoever burns needs the authorization and has to follow the hours and attendance rules. Ask who will hold the authorization and stay with the fire.

What happens if the fire escapes?

The state's flyer warns you may be liable for the costs of suppression and the damage.

The Forest Service flyer cited here dates from 2015, and the setback rule from 2014. Confirm both with the Florida Forest Service before relying on them.

Getting help

Call or send the form with the size of the area and whether debris should be mulched or hauled. Your request goes to one independent local contractor, who can price it in writing. The referral is free.

Related pages

Got a lot in Lehigh Acres that needs clearing?

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