Sky lanterns are legal in very few places without conditions. At least 30 states ban them outright, national fire codes prohibit them in several more, hundreds of cities and counties add their own bans, and federal aviation rules can reach a release near any airport. To know whether you can legally release one where you are, you have to check four layers: state law, the fire code your state has adopted, local ordinances, and federal airspace rules. Even in a jurisdiction with no specific prohibition, if your lantern starts a fire, you face civil liability and possible criminal charges.
States That Ban Sky Lanterns Outright
At least 30 states prohibit sky lanterns by law or regulation, and the count has grown over the past decade. The bans take different shapes. Some states classify sky lanterns as prohibited fireworks. Others ban them through fire prevention codes. A few have standalone statutes aimed at sky lanterns specifically. The mechanism varies; the result does not.
A few examples show the range:
- Oregon law flatly prohibits releasing a sky lantern into the airspace. A violation is a Class A violation, the most serious category of civil infraction in the state.
- Louisiana makes it unlawful to sell, distribute, possess, ignite, or use sky lanterns, covering the whole chain from retailer to consumer.
- Illinois put sky lanterns on the State Fire Marshal’s prohibited consumer fireworks list in 2013.
- California’s State Fire Marshal has issued a bulletin identifying sky lanterns as a serious fire hazard and pointing to multiple fire code provisions that prohibit their use.
- Washington prohibits releasing untethered sky lanterns through a combination of state fire safety and fireworks regulations.
If your state is not on this short list, do not assume sky lanterns are legal. Many other states ban them through their adoption of national fire codes, which is covered below.
States That Restrict Without a Full Ban
Some states stop short of a blanket prohibition but make casual use illegal in most situations.
Tennessee classifies sky lanterns as “special fireworks,” defined as unmanned free-floating devices capable of producing an open flame. Only licensed pyrotechnics professionals can purchase or use them. If you do not hold a fireworks operator license, you cannot legally release a sky lantern in Tennessee.
Texas does not prohibit the sale of sky lanterns statewide, and the State Fire Marshal’s Office strongly recommends against using them. Releasing one in a county under an active burn ban is a Class C misdemeanor. Where a city or county has adopted a fire code, the release may also violate local open-burning provisions. And regardless of burn-ban status, a lantern that causes a fire exposes you to civil liability for all resulting damages and potential criminal charges including arson-related offenses.
Connecticut classifies sky lanterns as fireworks, which makes their sale, possession, and use illegal for the general public.
How National Fire Codes Produce Bans in States With No Statute
Even where no state statute names sky lanterns, the fire code often does. NFPA 1, the Fire Code published by the National Fire Protection Association, directly prohibits the use of unmanned, free-floating devices with an open flame. Several states have adopted NFPA 1 as the basis for their state fire prevention code, including Connecticut, Florida, Maryland, Massachusetts, Nebraska, and Rhode Island. When a state adopts NFPA 1, the sky lantern prohibition comes with it, even if the legislature never passed a separate bill.
The International Fire Code, used by many other states, contains similar provisions against releasing open-flame devices without control measures. Between NFPA 1 and the IFC, most of the country has some version of a fire-code prohibition in effect. Enforcement intensity varies.
Federal Aviation Rules Near Airports
No federal statute names sky lanterns, but FAA regulations reach them through broader categories. Under 14 CFR 101.7, no person may operate any unmanned free balloon in a manner that creates a hazard to other persons or their property.1eCFR. 14 CFR 101.7 – Hazardous Operations That rule applies to all unmanned free balloons regardless of size. The main operating rules of Part 101 only activate above certain weight thresholds that most sky lanterns do not reach, but the hazard prohibition has no size exception.2eCFR. 14 CFR Part 101 – Moored Balloons, Kites, Amateur Rockets, and Unmanned Free Balloons
The FAA Administrator has authority to prescribe air traffic regulations to protect individuals and property on the ground and prevent collisions between aircraft and airborne objects.3Office of the Law Revision Counsel. 49 USC 40103 – Sovereignty and Use of Airspace A sky lantern with even a small flame can reach altitudes over 1,000 feet, well within the range of approaching or departing aircraft.
Civil penalties for individuals who violate aviation safety regulations can reach $100,000 per violation under the FAA Reauthorization Act of 2024.4Office of the Law Revision Counsel. 49 USC 46301 – Civil Penalties Baseline penalties for an individual or small business concern start at $1,100. A single release near any airport is a legally expensive gamble.
Local Ordinances
City and county governments frequently pass their own sky lantern bans, and these ordinances often cover territory where state law is silent. Fire departments, city councils, and county boards write them based on local conditions: population density, drought risk, wildfire history, proximity to airports or agricultural land.
Penalties vary widely. Some jurisdictions impose a $250 fine for a first offense. Others treat violations as unclassified misdemeanors with escalating penalties on repeat offenses, potentially reaching a year in jail and $1,000 in fines. Some bans run year-round. Others activate only during high-fire-danger seasons or when a burn ban is in effect.
When multiple layers overlap, the most restrictive rule controls. A local ban applies even if your state has no statewide prohibition.
What Happens If Your Lantern Starts a Fire
This is where most people underestimate the risk. The consequences of a sky lantern that causes a fire extend far beyond a citation.
On the civil side, anyone whose property is damaged can sue you for negligence: homeowners, businesses, farmers whose fields burned. Insurance companies that paid out claims can then seek reimbursement from you. Government agencies can pursue firefighting costs and environmental cleanup expenses. If someone is injured, you face personal injury claims for medical bills, lost income, and pain and suffering. The dollar figures in a wildfire or structure fire bear no resemblance to the price of the lantern.
Criminal exposure is equally serious. Charges can range from reckless burning to arson. Intent to start a fire is not required. Releasing an open flame into the air with no ability to control where it lands, especially in dry conditions, can satisfy the recklessness element that prosecutors need to charge. If someone dies in the fire, manslaughter is a real possibility.
How to Confirm the Rules Where You Are
Start with your local fire department. They enforce fire codes in your area and can usually tell you immediately whether sky lanterns are prohibited. Many departments post their policy online or will answer the question by phone.
Next, check with your city or county clerk’s office for ordinances on sky lanterns, open burning, or airborne incendiary devices. These rules sometimes appear under fire prevention, nuisance, or environmental protection chapters rather than under a heading that mentions “sky lanterns.”
For state-level rules, the state fire marshal’s website is the most reliable source. Some states post specific bulletins. Others fold the prohibition into fireworks regulations or fire code adoptions, which means a simple keyword search may miss it.
If you are planning a release anywhere near an airport, call the airport authority too. Federal aviation rules and local airport protection zones add a layer that applies even when state and local fire codes are silent.
Legal Alternatives
If you want the visual effect without the legal exposure, LED sky lanterns are the closest substitute. They glow without an open flame, produce no ash or debris, and are reusable. They are legal everywhere. Floating LED lanterns designed for water create a similar effect on ponds or lakes. Ground-based luminarias and biodegradable confetti are other options that avoid both the fire risk and the litter. None require a permit, a call to the fire marshal, or a check of your county’s burn-ban status.