Federal Fire Restrictions Under 36 CFR 261.52: Stages and Penalties

Federal fire restrictions under 36 CFR 261.52 are eight specific prohibitions the Forest Service can impose on National Forest land, covering campfires, stoves, smoking, explosives, engines, welding, area entry, and entry without firefighting tools. None of them apply automatically. Each takes effect only when a designated Forest Service official signs a written order activating particular prohibitions for a defined area and time. When an order is active, violations are federal misdemeanors carrying fines up to $5,000 for individuals.

How the Order System Turns Prohibitions On and Off

Section 261.52 is a menu, not a standing rule. The prohibitions listed in it activate only when an official issues a written order under 36 CFR 261.50. Authorized signers include the Chief of the Forest Service, Regional Foresters, Experiment Station Directors, Forest Supervisors, District Rangers, and their deputies.1eCFR. 36 CFR 261.50 – Orders The order names which subsections it turns on, the geographic boundary, and the effective dates. Officials base these decisions on fire weather, fuel moisture, and local risk. When conditions improve, the order lifts and the prohibitions go dormant again.

An order can cover a single campground or an entire national forest. It can activate one prohibition or several. What matters legally is the signed order for the specific place you plan to be on the specific day you plan to be there.

The Eight Prohibited Activities

The regulation lists exactly eight prohibitions, labeled (a) through (h). An order picks some combination of them.

  • Fires and campfires, subsection (a). Building, keeping, or using any fire, campfire, or stove fire. The Forest Service definition of “stove fire” includes pressurized liquid or gas stoves such as backpacking canister stoves and propane camp stoves. Many orders carve out an exception for devices fueled solely by liquid petroleum or LPG that can be turned on and off, but the exception only applies if it appears in the specific order.2eCFR. 36 CFR 261.2 – Definitions
  • Explosives, subsection (b). Using any explosive.
  • Smoking, subsection (c). A total ban on smoking within the restricted area.
  • Smoking with exceptions, subsection (d). A less strict version that allows smoking inside an enclosed vehicle or building, at a developed recreation site, or while stopped in a cleared area at least three feet across that is free of flammable material.3eCFR. 36 CFR 261.52 – Fire
  • Area closure, subsection (e). Entering or being present in the designated area at all.
  • Entry without firefighting tools, subsection (f). Entering the area without carrying a specific firefighting tool named in the order, such as a shovel or Pulaski.
  • Internal combustion engines, subsection (g). Operating any internal combustion engine in the restricted zone.
  • Welding and open-flame torches, subsection (h). Welding or using an acetylene or other torch with an open flame.3eCFR. 36 CFR 261.52 – Fire

Orders rarely activate all eight at once. The subset that appears in the order tells you what level of restriction is in place.

Fire Rules That Apply Even Without an Order

A separate section, 36 CFR 261.5, contains fire rules that apply year-round on all National Forest land regardless of whether any 261.52 order is active. Visitors often mistake these for restriction-only rules. They are not.

  • Throwing away a lit cigarette, match, or any burning substance is always illegal.4eCFR. 36 CFR 261.5 – Fire
  • Possessing or using fireworks of any kind is always prohibited.
  • Leaving a campfire before it is completely extinguished is always prohibited.
  • Every internal combustion engine must have a properly installed spark arrester meeting USDA Forest Service Standard 5100-1 at all times.4eCFR. 36 CFR 261.5 – Fire
  • Allowing a fire to escape and damage National Forest land is always a violation.

You can be cited for tossing a lit cigarette in January with no fire order anywhere in effect.

Stage 1 and Stage 2 Labels

The terms “Stage 1” and “Stage 2” do not appear in the regulation. Forests use them to communicate escalating restriction levels to the public, and the specific prohibitions activated at each stage vary from forest to forest. The pattern is roughly consistent.

Stage 1 orders typically ban wood-burning campfires outside developed recreation sites, restrict smoking to enclosed vehicles, buildings, or cleared areas, and enforce spark arrester requirements. Pressurized liquid or gas stoves with a shut-off valve are usually still allowed, provided they sit on a cleared surface at least three feet across. Charcoal grills and wood fires are commonly prohibited even in portable fire pans.

Stage 2 orders tighten further. Campfires and stove fires of any kind are typically banned. Smoking is generally restricted to inside enclosed vehicles or buildings. Chainsaw and engine use may be limited to specific hours or prohibited entirely. Welding and open-flame torches shut down. Some Stage 2 orders prohibit driving off designated roads. In severe cases, forests add area closures under subsection (e), blocking public entry.3eCFR. 36 CFR 261.52 – Fire

The stage label gives a general sense of severity. Only the signed order tells you what actually applies.

Who Is Exempt

A fire restriction order can include exemptions under 36 CFR 261.50(e). The signed order controls which of these apply:1eCFR. 36 CFR 261.50 – Orders

  • People holding a written permit that specifically authorizes the otherwise prohibited activity.
  • Owners or lessees of land inside the restricted area.
  • Residents of the restricted area.
  • Federal, state, or local officers and members of organized rescue or firefighting forces acting in their official capacity.
  • People engaged in a business, trade, or occupation in the area.
  • Anyone else who meets exemption requirements spelled out in the specific order.

The officer and responder exemption covers official duty only. An off-duty firefighter camping on a weekend is subject to the same rules as any other visitor. The occupational exemption covers people whose work actually requires them to be in the area, not anyone who holds a job somewhere nearby. Permits authorizing otherwise-prohibited activity are typically issued by the local District Ranger, and you must carry the physical permit while performing the authorized activity.

Penalties for Violations

Violating a fire restriction order is a federal offense. The underlying statute, 16 U.S.C. § 551, sets a maximum of a $500 fine or six months in prison, or both.5Office of the Law Revision Counsel. 16 USC 551 – Protection of National Forests; Rules and Regulations Federal sentencing law overrides the fine ceiling. A violation punishable by up to six months of imprisonment is a Class B misdemeanor under 18 U.S.C. § 3559.6Office of the Law Revision Counsel. 18 USC 3559 – Sentencing Classification of Offenses Under 18 U.S.C. § 3571, an individual convicted of a Class B misdemeanor faces up to a $5,000 fine, and an organization up to $10,000.7Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine

Many violations resolve without a court appearance. Federal district courts publish collateral forfeiture schedules setting fixed fine amounts for specific offenses, so a violator can pay and close the matter out. Amounts vary by district. Typical figures for 261.52 violations range from around $100 for entering an area without prescribed firefighting tools to $500 for using explosives, with an unauthorized campfire during active restrictions commonly falling around $250 to $350. Law enforcement or a federal prosecutor can still require a court appearance, especially when a violation causes a fire or significant damage.

A person whose violation causes a wildfire can also be ordered to pay restitution for the government’s suppression costs. Heavy equipment, aircraft, and large crews produce bills that can dwarf the criminal fine.

How to Check What Is Currently in Effect

Officials are required to post every active order in the offices of the Forest Supervisor and District Ranger with jurisdiction over the affected area, and to display the prohibitions in locations likely to reach the public.8eCFR. 36 CFR 261.51 – Posting That translates to signs at trailheads, campground entrances, and ranger stations.

Online, InciWeb aggregates incident information across agencies, and the National Wildfire Coordinating Group publishes an interactive wildfire map.9U.S. Forest Service. Public Fire Information Websites Individual national forest websites post their own current restriction orders. Before a trip, read the order for the specific forest, or call the local district office. The stage label and the news reports give context. The signed order is the law.