Leominster, MA Fire Regulations: Brush Clearance (2026)
Key Facts
- General rule
- No wilful open burning of combustibles
- Exception
- Agricultural land clearing & forest management
- Permit
- State burn permit required, G.L. c. 48, § 13
- Fines
- $100 first offense, $200 second, $300 third+
- Enforcement
- Police chief, fire chief, health director
Summary
Leominster's open-burning ordinance bans burning combustible material citywide, but Section 3-4 carves out a narrow exception for agricultural land clearing and forest management work, plus pruning-related brush burns such as blueberry patches and dead raspberry stalks. Burns must occur during good atmospheric ventilation, avoid nuisance, use smoke-minimizing starters, and carry a state fire permit.
(a)No person shall wilfully permit the open burning of any combustible material. ... (5)The normal pursuit of agriculture which, in the opinion of the enforcing authority, is deemed necessary and which includes but is not limited to, open burning of blueberry patches for pruning purposes, dead raspberry stalks, fruit tree pruning and infected beehives for disease control.(6)Agricultural land clearing and forest management operations. ... (c)Open burning shall be permitted for the preceding enumerated purposes; provided, that all burning is conducted:(1)During periods of good atmospheric ventilation.(2)Without causing a nuisance.(3)With smoke-minimizing starters, if starters or starting aids are used.(4)Under the provisions of a properly executed permit issued under the provisions of section 13 of chapter 48 of the General Laws; provided, that the possession of a permit does not exempt the holder from prosecution due to the emission of air contaminants, the creation of a nuisance or the creation of a state of air pollution and that any such permit may be revoked for cause.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 24).
Full Breakdown
Section 3-4 of the Leominster Code of Ordinances prohibits any person from wilfully permitting the open burning of combustible material anywhere in the city; simply storing combustibles in a way that suggests they are meant to be burned is prima facie evidence of a violation. The section then lists narrow carve-outs, and two are squarely aimed at brush and land clearing: subsection (b)(5) covers the normal pursuit of agriculture the enforcing authority deems necessary, expressly naming pruning-related burns such as blueberry patches, dead raspberry stalks, fruit tree prunings and infected beehives destroyed for disease control, and subsection (b)(6) separately exempts agricultural land clearing and forest management operations.
c. 48, § 13. Holding that state permit does not immunize a landowner from prosecution if the fire still generates air contaminants, a nuisance, or a state of air pollution, and the permit itself can be revoked for cause. Section 3-5 puts enforcement in the hands of the police chief, the fire chief and the director of the board of health, any of whom can issue orders under the chapter. Because agriculture burning is judged necessary in the opinion of the enforcing authority, a landowner clearing brush should confirm with the fire department before lighting a pile rather than assume the exception applies automatically.
Violations & Fines
Leominster enforces open-burning violations, including unauthorized brush or land-clearing fires, through Section 3-6's noncriminal disposition process. A first offense carries a one-hundred-dollar fine, a second offense two hundred dollars, and a third or subsequent offense three hundred dollars, with each day of continued violation potentially charged separately. The police chief, fire chief or health director can also revoke a c. 48, § 13 burning permit for cause and pursue the matter criminally instead of through the fine schedule.
Frequently Asked Questions
Can I burn brush after clearing land in Leominster?
Do I need a permit to burn pruned branches or dead stalks?
What happens if I burn brush without meeting these conditions?
Sources & Official References
Other rules in Leominster
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