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Frederick, MD Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Frederick, MD, also called the burn ban, open burning, or fire restriction ordinance, set when you can burn yard waste, debris, or run a recreational fire.

Key Facts

Governing law
Appendix H, Air Quality Control (1973)
General rule
No open fire without permit or exception
Permit issuer
Control officer, city engineer's office
Enforcer
City engineer / Frederick Co. Health Dept.
Leaf/trash burn setback
200 feet from neighboring dwellings
Penalty
Misdemeanor, fine up to $500
Court
District Court for Frederick County

Summary

Frederick City bans open fires outright unless the fire fits a listed exception or the control officer issues a written permit under Appendix H of the City Code, the 1973 Air Quality Control ordinance. The city engineer's office and the Frederick County Health Department enforce the ban, and burning without a permit or exception is a misdemeanor carrying up to a $500 fine per violation.

Sec. 2. - Control and prohibition of open fires. 2.1. General. No person shall cause, suffer, allow or permit an open fire except as provided in section 2.2. 2.2. Exceptions. A.The control officer may, upon receipt of an application made on forms provided by the department or local fire control agency, issue or approve a permit in writing allowing an open fire provided all of the following conditions are met:(1)The control officer is satisfied that there is no practical alternate method to dispose of the material to be burned or to conduct the desired activity.(2)No hazardous condition or air pollution or nuisance will be created...(4)No materials which produce dense smoke when burned, including but not limited to tires and roofing material, will be burned.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Land Management Code: Supplement 13 | Code of Ordinances: Supplement 112).

Full Breakdown

Appendix H of the City Code, adopted January 18, 1973 as the Air Quality Control ordinance, defines an 'open fire' as any fire burning material in the open or in a receptacle other than a furnace, incinerator, or other equipment connected to a stack or chimney (Sec. 1). 2 provides. 2(A) lets the control officer, who sits in the city engineer's office and coordinates with the Frederick County Health Department's deputy state health officer, issue a written burn permit on application, but only if there is no practical alternative to burning, no hazardous condition, air pollution, or nuisance results, other fire-control laws are not violated, and no dense-smoke materials such as tires or roofing are burned.

2(B) lets public officers set or authorize an open fire in the course of official duty, with the control officer's concurrence, for fire-hazard abatement, firefighter training, or protecting public health when no other disposal method exists. 2(C)(1)-(2) still cannot occur closer than 200 feet from any neighboring habitable dwelling or workplace, effective July 1, 1973, and the smoke produced may not exceed a No. 2 rating on the Ringelmann Smoke Chart. 1.

Violations & Fines

Violating Appendix H's open-burning rules is a misdemeanor under Section 10.1, punishable by a fine of up to $500, and Section 10.2 treats each day of an ongoing violation as a separate offense. The control officer issues an air pollution citation directing the violator to appear before the District Court for Frederick County; refusing to sign the citation or failing to appear can lead to arrest or a mailed summons under Sections 10.3 through 10.5. The city attorney prosecutes under Section 11.

Frequently Asked Questions

Can I burn leaves or trash in my yard in Frederick without a permit?
Yes, but only where the City provides no public collection service for that material. Under Appendix H Sec. 2.2(C)(1)-(2), leaf and household-trash burning by householders is allowed without a permit, provided the smoke stays lighter than No. 2 on the Ringelmann Smoke Chart and the fire is at least 200 feet from any neighboring habitable dwelling or workplace, effective July 1, 1973.
How do I get a permit for an open fire in Frederick?
Apply to the control officer, based in the city engineer's office, on forms provided by the department or the local fire control agency. Under Appendix H Sec. 2.2(A), the officer will approve a written permit only if there is no practical alternative, no hazard or nuisance results, other fire laws are not violated, and no tires, roofing, or other dense-smoke materials will burn.
What happens if I'm caught with an illegal open fire?
You can be issued an air pollution citation ordering an appearance before the District Court for Frederick County. Conviction is a misdemeanor carrying a fine of up to $500 under Section 10.1, with each day of continued burning counted as a separate violation under Section 10.2.
Who enforces Frederick's open burning ordinance?
The control officer, who works out of the city engineer's office and coordinates with the deputy state health officer of the Frederick County Health Department, investigates complaints and issues citations. The city attorney for Frederick then prosecutes violations under Section 11 of Appendix H.

Sources & Official References

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