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Boston, MA Fire Regulations: Fire Pits & Backyard Fires (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Fire pit rules in Boston, MA, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.

Key Facts

Legal basis
Chapter 355 of the Acts of 1943
Issuing authority
Fire Commissioner
Size cap
4 square feet
Standard fee
$50 per monthly permit period
Single-estate fee
$15 per monthly period
Related free permit
Leaf/grass/brush burning (single estate, 4 sq ft)

Summary

A recreational open-air fire in a Boston backyard, a fire pit, chiminea, or torch, needs a Fire Commissioner permit capped at 4 square feet. The fee is $50 per month citywide, dropping to $15 per month if the permit is limited to a single estate.

(CC) Fire (small or torch) in open air, permit for. The fee for a permit granted by a Fire Commissioner under Chapter 355 of the Acts of 1943 to set, maintain or increase in the open air a flame or flames in connection with one or more appliances or devices using or producing flame or a fire or fires not exceeding 4 square feet in area shall be $50 for each monthly period in which such permit may be exercised; provided that if such permit limits such flame or flames or such fire or fires to a single estate, the fee for such permit shall be $15 for each said period.

Source: Mass.govView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-2: Current through Ordinance 2025 C. 14, passed 11-5-2025).

Full Breakdown

Boston requires a permit from the Fire Commissioner, issued under Chapter 355 of the Acts of 1943, for any open-air flame produced by an appliance or device, the category that covers backyard fire pits, chimineas, and torches. The permit caps the fire at 4 square feet in area. The standard fee is $50 for each monthly period the permit is exercised; if the permit is limited to a single estate, which is the typical homeowner scenario, the fee drops to $15 per monthly period. This 'small or torch' fire permit sits alongside two related permits in the same fee schedule: a fee-free permit for burning leaves, grass, and brush from a single estate, also capped at 4 square feet, and a separate permit for a larger open-air fire, priced at $80 for the first monthly period and $15 for each additional month, except that fires held in connection with a patriotic or public celebration carry no fee at all.

Both the 4-square-foot cap and the single-estate restriction are written directly into the permit the Fire Commissioner issues, so a backyard fire that grows past that footprint or that isn't confined to the applicant's own property falls outside the terms of the permit that authorized it.

Violations & Fines

This fee division doesn't attach its own dollar fine. A backyard fire run without a Fire Commissioner permit, or one that exceeds the 4-square-foot cap or the single-estate condition written into the permit, is outside the authorization Chapter 355 of the Acts of 1943 requires: putting the homeowner in the position of maintaining an unpermitted open-air fire rather than facing a scheduled penalty printed in this fee table.

Frequently Asked Questions

Can I have a fire pit in my Boston backyard?
Yes, with a permit. The Fire Commissioner issues a monthly permit under Chapter 355 of the Acts of 1943 for any open-air flame from an appliance or device, capped at 4 square feet, priced at $50 per month citywide or $15 per month if the fire is limited to your own estate.
What's the difference between this permit and Boston's leaf-burning permit?
The leaf, grass, and brush burning permit under the same chapter is free but limited to a single estate and a 4-square-foot fire; the small/torch permit instead covers flame-producing appliances and devices like fire pits and torches, and it carries a monthly fee.
Is there a bigger fire permit if 4 square feet isn't enough?
Yes. A permit for a larger open-air fire costs $80 for the first monthly period and $15 for each additional month, except that fires held for a patriotic or public celebration carry no fee at all.
Who enforces the size limit on my backyard fire permit?
The Fire Commissioner writes the 4-square-foot limit and the single-estate restriction directly into the permit issued under Chapter 355 of the Acts of 1943, so a fire that exceeds either condition falls outside the permit's terms.

Sources & Official References

Other rules in Boston

All Boston rules

How Boston compares: Cities with the Strictest Fire Pit Rules·Compare Boston to another location·View the Massachusetts fire regulations overview

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Significant Restrictions