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Somerville, MA Fire Regulations: Brush Clearance (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit needed for
Any open-air fire, including brush burning
Issued by
Fire department (forest warden/chief/commissioner)
Permit length
Max 2 days from date granted
No-permit exception
Small enclosed cooking fire on sand/gravel/beach
Penalty
Up to $500 fine plus suppression cost, or 1 month jail

Summary

Massachusetts law bars anyone in Somerville from setting, maintaining, or building up any open-air fire, brush piles included, without a permit from the fire department, and the permitting official can revoke that permit at any time. The only exception that needs no permit at all is a small enclosed cooking fire on sand, gravel, or a tidewater beach.

Section 13. No person shall set, maintain or increase a fire in the open air at any time except by permission, covering a period not exceeding two days from the date thereof, granted by the forest warden or chief of the fire department in cities and towns, or, in cities having such an official, the fire commissioner; ... provided further, that persons eighteen years of age or older may, without a permit, set, maintain or increase a reasonable fire for the purpose of cooking, upon sandy or gravelly land free from living or dead vegetation or upon sandy or rocky beaches bordering on tidewater, if the fire is enclosed within rocks, metal or other nonflammable material. The forest warden, chief or fire commissioner...may make it a condition for granting a permit that any burning shall be done only after four o'clock (eastern standard time) in the afternoon...Whoever violates any provision of this section shall be punished by a fine of not more than $500 plus the cost of suppression or by imprisonment for not more than one month or both. In this section, a demolition burning shall mean a fire set for the purpose of burning debris resulting from the demolition of buildings.

Source: 105 CMR 410 State Sanitary CodeView official code

Full Breakdown

General Laws Chapter 48, Section 13 is the statute that actually governs open burning, including brush and yard-debris burning, in every Massachusetts city and town, Somerville included; the city's own code cross-references it directly in Section 8-3, listing open burning permits as an exception to its tax-scofflaw licensing hold. Under Section 13, no one may set, maintain, or increase a fire in the open air, which covers burning brush, leaves, or land-clearing debris, without a permit from the forest warden or fire chief (or fire commissioner, in a city that has one), and any such permit covers no more than two days from the date it's granted.

If the permit isn't issued in writing, the granting official still has to keep a written record of who received it, the dates it covers, and how it was granted, and that record has to be open to public inspection. , and for a demolition burning specifically (defined as burning debris from tearing down a building), the official can require fire department personnel, paid for by the permit holder, to stay on site until the fire is fully out. A permit can be revoked at any time regardless of these conditions.

The only burning allowed without any permit is a contained cooking fire, set by someone 18 or older, built on sandy or gravelly ground free of vegetation or on a sandy or rocky tidal beach, and enclosed in rocks, metal, or other nonflammable material.

Violations & Fines

Violating Section 13, burning brush or anything else in the open air without a valid permit, or outside the conditions a permit sets, is punishable by a fine of not more than $500 plus the cost of any fire suppression the city incurs, or by imprisonment for not more than one month, or both. Because Somerville's fire department administers permits locally, a resident who wants to burn brush has to apply to the department directly rather than assume any exception applies without a permit in hand.

Frequently Asked Questions

Can I burn brush in my Somerville yard without a permit?
No. G.L. c. 48, § 13 requires a permit from the fire department for any open-air fire, brush burning included, before you strike a match. The only fire allowed without a permit is a small, enclosed cooking fire built on sand or gravel free of vegetation, or on a tidal beach, by someone 18 or older.
How long does a Somerville open burning permit last?
No more than two days from the date it's granted. Section 13 caps every permit at that two-day window regardless of what's being burned, and the permitting official can revoke the permit at any time even within that period.
What's the penalty for illegal open burning in Somerville?
A fine of up to $500 plus whatever it cost to suppress the fire, or up to a month in jail, or both, under G.L. c. 48, § 13. Somerville's own code treats open burning permits as a state-law matter cross-referenced in Section 8-3 rather than a separate local licensing scheme.
Can the fire department set conditions on a Somerville burning permit?
Yes. Section 13 lets the permit-granting official require that burning happen only after 4:00 p.m., and for a demolition burning specifically, it can require the permit holder to pay for fire department personnel to stay on site until the fire is completely out.

Sources & Official References

Other rules in Somerville

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