Frederick, MD Fire Regulations: Outdoor Burning (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.
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?
How do I get a permit for an open fire in Frederick?
What happens if I'm caught with an illegal open fire?
Who enforces Frederick's open burning ordinance?
Sources & Official References
Other rules in Frederick
How Frederick compares: Cities with the Strictest Outdoor Burning Rules·Compare Frederick to another location·View the Maryland fire regulations overview
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