Burn Permits — Malabar, Florida

No: the Town of Malabar stopped issuing burn permits on March 2, 2026, and burns inside the town are now permitted by the Florida Forest Service Orlando Forestry District (Town of Malabar).

The Malabar Burn Permit Information page gives the district phone as (407) 888-8760 (Town of Malabar burn page). For more than three decades the job sat with the town. Chapter 8 of the Malabar Code of Ordinances made it unlawful to burn outside a container without a written permit from the chief of the Malabar Fire Department, a rule that traces to Ordinance 92-7 of 1992 (Malabar Code, Chapter 8).

The switch was a Town Council decision. A March 2, 2026 Malabar agenda report says staff told Council at the December 15 meeting that the Florida Forest Service would be the permitting entity for open burns larger than 9 by 9 feet, and Council asked for an ordinance to match (March 2, 2026 agenda report). Ordinance 2026-01 passed first reading on February 2, 2026 by a 5-0 roll call (Malabar minutes, packet page 9), and the final reading report says it takes effect upon adoption.

Ordinance 2026-01 rewrites section 8-73 so the permit comes from the Florida Forest Service instead of the Malabar fire chief, repeals sections 8-75, 8-76, 8-81 and 8-82, and amends section 8-83 (Ordinance 2026-01). The repealed sections held the town's own steps: owner and township details, an on-site survey by the fire chief, the list of reasons the chief could deny a burn, and suspensions of 14 days, 30 days and then permanent for burning without a town permit (Municode).

Agricultural, silvicultural, land clearing, pile and acreage burns in Malabar all need a Florida Forest Service authorization, as does any pile wider than 8 feet (Town of Malabar).

The Malabar page copies the state list word for word and adds that a large pile burn also needs suppression equipment on hand, and it sends residents to the Orlando Forestry District for large pile setback requirements (Malabar burn page). The same split appears on the state agency page from the Florida Department of Agriculture and Consumer Services, which runs the Florida Forest Service (FDACS).

State law lets a town take on part of the job. Section 590.125 of the Florida Statutes says a county or municipality may exercise the authority of the Florida Forest Service for yard trash and land clearing burns if the service delegates it and approves the local program (Section 590.125, F.S.). Ordinance 2026-01 instead names the Florida Forest Service as the permitting agency (March 2, 2026 agenda report).

Section 8-83 of the Malabar code still sorts burns into types, but each now points to state rules. As amended, agricultural fires, rural and non-rural land clearing fires and frost protection fires are permitted per FDACS and FFS regulations, and yard trash fires are permitted case by case per the same rules (Ordinance 2026-01, page 4). The Malabar agenda report set the state threshold at piles over 9 by 9 feet, while the town web page uses the state figure of 8 feet in diameter; the smaller number is the safer one to plan around.

Yes, a Malabar homeowner can burn yard waste with no authorization if the pile is under 8 feet across, meets the state setbacks and burns only from 9 a.m. Eastern until one hour before sunset (Town of Malabar).

The state rule behind the Malabar page is narrow. The Florida Department of Environmental Protection says residential yard waste burning is allowed on residential premises of not more than two family units, under subsection 62-256.700(1) of the Florida Administrative Code (FDEP open burning). The waste must have been generated on the same premises, so leaves raked on one Malabar lot cannot be hauled to a neighbor's burn pile. The burn must be attended with fire extinguishing equipment ready the whole time.

Yard waste means leaves, shrub trimmings, grass clippings, brush and palm fronds, the same list the statute uses for yard trash (Section 590.125, F.S.). The FDACS page adds tree limbs to the examples and says no burn authorization is needed for such piles as long as the area rules are followed (FDACS). For a Malabar lot being cleared for building, FDEP treats land clearing debris as a separate category that needs Florida Forest Service authorization (FDEP open burning).

Malabar's own hours rule says the same thing in older words: section 8-74 allows burning only between 9:00 a.m. and one hour before sunset (Malabar Code, sec. 8-74). The Malabar page also suggests clearing the ground down to bare soil around the pile and covering a non-combustible container with wire mesh to hold in sparks (Town of Malabar).

Household garbage, paper products, treated lumber, plastics, rubber, tires, and pesticide, paint and aerosol containers may never be burned in Malabar, the town says (Town of Malabar).

Section 8-78 of the Malabar code, untouched by Ordinance 2026-01, adds asphalt, roofing material, tar, railroad cross ties and other creosoted lumber to that list (Malabar Code, sec. 8-78). Roofing material from a Malabar home therefore cannot go on a burn pile.

Two town rules on control also remain in force. Section 8-79 requires anyone burning to have a way to stop an escaped fire on site, naming a front end loader or pumping water from wells or holding ponds as examples (Malabar Code, sec. 8-79). Section 8-80 says that if a burning site is left unattended, the Malabar Fire Department will respond to put the debris out and the permittee will be charged all costs of extinguishment, and the same applies when a pile rekindles after the burner thought it was out.

A campfire or backyard fire pit in Malabar is allowed without a permit on private property if it sits in a contained fire ring no larger than 3 by 3 feet and is attended (Ordinance 2026-01).

The Malabar rule covers vegetative debris and untreated wood burned as a campfire, ceremonial bonfire, outdoor fireplace or cooking device, or to warm outdoor workers on cold days (Ordinance 2026-01, sec. 8-73(c)). State rules agree: FDEP says no authorization is required from DEP or the Florida Forest Service for recreational open burning that is attended and fully put out before the site is left (FDEP).

Town land is the exception. The same Malabar section says a permit is required on town property, and the amended section 8-83 lets the fire chief issue special burning permits for campfires or bonfires at special events on Town property when weather allows (Ordinance 2026-01, page 4). Malabar Community Park at 1850 Malabar Road has a burn pit labeled burn permit required (Town of Malabar), and the Sandhill Trailhead at 1400 Marie Street has a fire pit with the same note (FDEP story map).

For any burn that needs authorization, Malabar residents call the Orlando Forestry District at (407) 888-8760; town questions go to the Malabar Fire Department at 1840 Malabar Road, 321-725-1030 (Town of Malabar Fire Department).

An older form still posted on the Malabar site describes the retired process: a Town of Malabar burn permit inspection form, a daily call to the Orlando Division of Forestry for a burn number, then a call to the Malabar Fire Department (Town of Malabar burn permit package). That form lists a different forestry number, (407) 888-8767, and 300-foot setbacks for land clearing, so the current Burn Permit Information page is the one to follow. The Municode copy of Chapter 8 also still printed the old town permit sections when checked on October 13, 2026, without the Ordinance 2026-01 changes.

Last verified: October 13, 2026, on the Town of Malabar website. Malabar Town Hall is at 2725 Malabar Road, phone 321-727-7764 (Town of Malabar).