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Gaithersburg, MD Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Gaithersburg, 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 section
City Code Sec. 19-6
Prohibited location
Roadway, gutter or public right-of-way
Prohibited materials
Leaves, trash, rubbish, weeds, any substance
Enforcement track
Municipal infraction under Sec. 1-9
Additional remedy
City may seek injunction or mandamus
Origin
G.O. 1957, sec. 7, § 1

Summary

Gaithersburg City Code Sec. 19-6 makes it unlawful to burn leaves, trash, rubbish, weeds or any other substance in a roadway, gutter or public right-of-way anywhere in the city. It is an outright ban on that specific kind of open burning, enforced as a municipal infraction.

It shall be unlawful for any person to burn any leaves, trash, rubbish, weeds or any other substance in any roadway, gutter or public right-of-way in the city.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 52 Update 1).

Full Breakdown

City Code Sec. 19-6, found in Chapter 19 (Streets and Sidewalks), Article I, states flatly that no person may burn leaves, trash, rubbish, weeds or any other substance in any roadway, gutter or public right-of-way in the city. O. 1957, sec. 7, § 1, and has stood unchanged since, making it one of the older surviving prohibitions in the code. It sits directly alongside the city's other right-of-way housekeeping rules: Sec. 19-2 bars depositing mud, earth or other material onto rights-of-way or into drains, and Sec.

19-3 requires adjoining landowners to remove material washed from their land onto a right-of-way, so the burning ban functions as part of a broader scheme keeping streets, gutters and drains clear of debris and hazards. Because the ban is written to the location, any roadway, gutter or public right-of-way, rather than to the person's property line, it reaches burning done at a curb, in a street gutter, or in the public strip between a sidewalk and the street, even if the fire is started by a resident clearing yard waste from their own adjoining lot.

The article does not carve out a seasonal or permitted exception for right-of-way burning; anyone wanting to dispose of yard waste by fire is directed instead to the city's standard trash and yard-waste collection rather than to any open-burning permit under this article.

Violations & Fines

Sec. 19-6A declares violations of this article, including the Sec. 19-6 burning ban, to be municipal infractions enforceable under Sec. 1-9, with the maximum penalty for each initial and repeat violation set by the city council. Beyond a citation, the city may also seek injunctive relief, mandamus, or any other action at law or equity to stop the burning or correct the violation, and a court of competent jurisdiction may issue restraining orders or temporary or permanent injunctions.

Frequently Asked Questions

Can I burn leaves in the street gutter in front of my Gaithersburg house?
No. Sec. 19-6 makes it unlawful to burn leaves, trash, rubbish, weeds or any other substance in any roadway, gutter or public right-of-way in the city, with no exception for yard waste from an adjoining property.
What is the penalty for burning trash in a Gaithersburg street or gutter?
Sec. 19-6A treats it as a municipal infraction under Sec. 1-9, with the maximum fine for initial and repeat violations set by the city council. The city can also go to court for an injunction to stop ongoing violations.
Does Gaithersburg's burning ban only cover trash?
No. Sec. 19-6 covers leaves, trash, rubbish, weeds, or any other substance burned in a roadway, gutter or public right-of-way, so yard debris and other combustible material are equally prohibited there.

Sources & Official References

Other rules in Gaithersburg

All Gaithersburg rules

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

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