36 C.F.R. § 261.52
Fire
When provided by an order, the following are prohibited:
(a) Building, maintaining, attending, or using a fire, campfire, or stove fire.
(b) Using an explosive.
(c) Smoking.
(d) Smoking, except within an enclosed vehicle or building, at a recreation site, or while stopped in an area at least 3 feet in diameter that is barren or cleared of all flammable material.
(e) Entering or being in an area.
(f) Entering an area without any firefighting tool prescribed by the order.
(g) Operating an internal combustion engine.
(h) Welding or operating an acetylene or other torch with open flame.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1984–2025 · leading case: United States v. Jack Carl Velte, United States of Am. v. Jack Carl Velte, 331 F.3d 673 (9th Cir. 2003).
United States v. Jack Carl Velte, United States of Am. v. Jack Carl Velte, 331 F.3d 673 (9th Cir. 2003). “See 36 C.F.R. § 261.52 (“When provided by an order, the following are prohibited: (a) building, maintaining, attending or using a fire, campfire, or stove fire.”
Gueke v. Bd. of Cnty. Commissioners, 728 P.2d 167 (Wyo. 1986). “38(b); 36 CFR 261.52(f). Furthermore, all fireworks are banned in the National Elk Refuge.”
United States v. Robert W. Launder, 743 F.2d 686 (9th Cir. 1984). “36 C.F.R. § 261.52 (1983). The government conceded at trial that the Forest Service had not exercised its authority to prohibit the kindling of all fires in the Mount Lemmon recreation area on the day in question, and that Launder’s action in starting the signal fire did not…”
United States v. Powers, 129 F.4th 617 (9th Cir. 2025). “§ 1856 , three counts of building a fire in violation of federal restrictions under 36 C.F.R. § 261.52 (a), and three counts of causing a fire in a national forest without a permit in violation of 36 C.”
United States v. Steven Butcher, 377 F. App'x 628 (9th Cir. 2010). “§ 1855 and 36 C.F.R. § 261.52 (a) are separate and distinct offenses because each “requires proof of a fact which the other does not.”
— 36 C.F.R. § 261.52(f) — 1 case
Gueke v. Bd. of Cnty. Commissioners, 728 P.2d 167 (Wyo. 1986). “38(b); 36 CFR 261.52(f). Furthermore, all fireworks are banned in the National Elk Refuge.”
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