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ILLINOIS LEGISLATURE CONSIDERS OPEN BURN PERMIT REQUIREMENT IN UNINCORPORATED AREAS

By Mark Wells Feb 6, 2026 | 11:50 AM

A new proposal in the Illinois General Assembly could soon require residents in unincorporated areas to obtain a permit and possibly pay a fee of up to $5 for open burning activities. House Bill 4459, also known as the Local Government Open Burn Permit Act, is sponsored by State Representative Amy Briel (D-Ottawa).

If passed, the legislation would mandate that anyone conducting an open burn in unincorporated areas secure a permit from their local government. The bill also allows counties and municipalities to set their own burn-permit rules and to implement an online, publicly accessible platform with local requirements. Municipalities would be permitted to charge a fee of up to $5 per burn, with the proceeds directed to local fire protection services. The proposal has generated strong opinions online, with some Peoria-area residents dubbing it a “campfire/firepit tax.” While some critics argue that the measure amounts to a tax on everyday recreation, Rep. Briel has clarified that the bill does not target campfires or bonfires, and is limited only to unincorporated areas.

Although the bill does not impose a tax, it does introduce steep penalties for noncompliance. Conducting an open burn without the required permit could result in fines of up to $100,000, while burning on an officially designated “no-burn day” without a permit could carry penalties up to $500,000. HB 4459 has been filed with the Clerk but has not yet been assigned to a legislative committee.

The future of HB 4459 will be determined as it advances through the legislative process, with local governments and residents closely watching its progress.