STATE OF MAINE
RULES AND GUIDELINES
FOR
OPEN BURNING
This pamphlet is a condensation of the following statutes
and regulatory guidelines:
Department of Environmental Protection, Bureau of Air Quality
Chapter 102 Open Burning
Department of Conservation, Bureau of Forestry
12 MRSA Sections 9301 & 9321-9325
PERMISSIBLE OPEN BURNING WITHOUT A PERMIT
When not prohibited by local ordinances, the following types of burning are permissible without
a permit so long as no nuisance* is created:
§ Residential use of outdoor grills and fireplaces for recreational purposes such as preparing food.
§ Recreational campfires kindled when the ground is covered with snow or on frozen bodies of
water.
§ Use of outdoor grills and fireplaces for recreational purposes such as preparing food at
commercial campgrounds in organized towns, as long as the commercial campgrounds are
licensed by the health engineering division of the Department of Human Services.
PERMITTEE RESPONSIBILITIES
The permittee must:
§ follow all safety guidelines
§ have a written permit in their possession
§ assure that no nuisance* is created
The Permittee is responsible for the fire if it escapes and may be liable for suppression costs up to
$10,000 as well as any damages caused to other property.
PERMITTER RESPONSIBILITIES
It is the responsibility of those authorized to issue permits to understand and inform all
permittees of what materials may be burned and under what conditions open burning may
take place.
The number of permits issued within any town during the day should be limited according to
available firefighting resources.
OPEN BURNING PERMIT CRITERIA:
The criteria to be evaluated by the forest ranger or town forest fire warden before a permit can
be issued are:
§ forest fire danger index and burning location;
§ time of day and season of year;
§ temperature, humidity, windspeed and direction;
§ the matter and type of burning proposed;
§ for recreational fires, the feasibility of use of public campsites;
§ experience and capability of permittee in the safe use and control of proposed burning;
§ length of burning period;
§ presence or availability of sufficient force and equipment to control the burning; and
§ the practicality of locating open burning as far away as possible from any abutting
property boundary and/or building, in order to prevent creating a nuisance* condition.
OPEN BURNING SAFETY CRITERIA
Appropriate wind speeds for burning are 1-10 mph. For grass burning, wind speed should be 5 mph and lower. For brush, wind speeds less than 10 mph are acceptable.
Small, hot fires assist in dispersion and produce less smoke.
Short, frequent burn periods will help ensure that weather conditions won’t change and cause a
nuisance from air pollution.
Fires must be attended at all times:
§ Debris or incinerators--one adult, one garden hose or bucket of water present at all times.
§ Grass--at least 2 adults, brooms or other appropriate items to suffocate a fire, buckets of
water as well as garden hose.
§ Brush--at least 2 adults, garden hose, buckets of water and a few hand tools such as shovel
and rake.
Supplemental conditions or restrictions may be added by officials issuing permits.
Do not burn during an inversion (stagnant air conditions). The State guidelines allow open burning at the appropriate daylight hours for the season and fire hazards index. Although the Bureau of Forestry generally recommends burning after 5 p.m. for fire control safety, be aware that night time and early morning burning when air may be stagnant can create an air pollution nuisance and may necessitate a permit being revoked and the fire to be extinguished.
To protect the lives and property of its citizens, the State of Maine has adopted statutes and guidelines concerning open burning. The statutes are in two categories: 1) to protect air quality and eliminate nuisance* conditions from air pollutants, 2) to protect life and property from fire hazards. All of open burning laws can be enforced by the DOC Forest Rangers under the authority granted to them in 12 MRSA Section 8901. Other officials that can enforce these laws include: municipal police, county sheriffs and authorized state law enforcement officers.
* A nuisance means preventing the enjoyment of one’s property.
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