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Montgomery County, MD Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Montgomery County, 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

Permit issuer
Director, Dept. of Environmental Protection
No-permit campfire limit
3 feet diameter, 20% opacity
Buffer for permitted burns
500 yards from occupied buildings
Always banned
Leaves, brush, household trash

Summary

Montgomery County bans burning refuse or plant life outdoors without a Director-issued permit, with tight limits on smoke, distance, and duration.

City-specific rules exist: Gaithersburg has its own outdoor burning rules that differ from Montgomery County's county-level regulations. If you live in Gaithersburg, check the city-specific page instead.

Except as provided in subsections (a) and (b), a person must not burn any refuse or plant life outside of a building unless the person has obtained a permit from the Director... The Director must not grant a permit if the intended activity would... include the burning of leaves, brush, other vegetation, or household trash.

Source: Montgomery County Fire MarshalView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).

Full Breakdown

Montgomery County Code Chapter 3 (Air Quality Control) requires a permit from the Department's Director before burning refuse or plant life outside a building. Permits are limited to specific purposes like agricultural burning, ceremonial fires, or disaster rubbish, and the Director must deny any request that would occur within 500 yards of an occupied building or busy public way, exceed 20 percent smoke opacity for more than 3 minutes an hour, or cover leaves, brush, or household trash. Small recreational campfires and cooking fires are allowed without a permit if they stay under similar smoke and size limits.

Violations & Fines

Illegal open burning is enforced by the Department of Environmental Protection; the Director can also order an offending fire extinguished on notice, independent of any citation.

Frequently Asked Questions

Can I have a backyard campfire in Montgomery County without a permit?
Yes, if it's for cooking or recreation, stays under 3 feet in diameter, and doesn't exceed 20% smoke opacity for more than 3 minutes per hour.
Can I burn yard waste or trash in a burn barrel?
No. Sec. 3-8(d)(6) bars the Director from ever permitting burning of leaves, brush, other vegetation, or household trash.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

How Montgomery County compares: Cities with the Strictest Outdoor Burning Rules·Compare Montgomery County to another location·View the Maryland fire regulations overview

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Outdoor Burning in Cities Across Montgomery County