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Marion, OH Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Marion, OH, 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

Rule
No open burning except under § 660.08(C) through (E)
Burn barrels
Metal cans, barrels and homemade devices count as open burning
Notice tier
Municipal Fire Department and Ohio EPA District Office
Ceremonial fire limit
Under five feet by five feet by five feet, three hours
Penalty
Minor misdemeanor, fine up to $150.00, plus disposal cost
Related rule
§ 943.09 on burning refuse and rubbish

Summary

In the City of Marion, Ohio, § 660.08 bars any person from causing or allowing open burning within the municipality except under divisions (C) through (E). Burning in metal cans, barrels, containers, wire baskets or any homemade device counts as open burning. Violators face a minor misdemeanor and pay the cost of proper disposal of the material burned.

(1) OPEN BURNING. The burning of any materials wherein air contaminants resulting from combustion are emitted directly into the air, without passing through a stack or chimney from an enclosed chamber. ... The burning of any materials in metal cans, barrels, containers, wire baskets or any homemade device is open burning. ... (B) No person shall cause or allow open burning within the municipality except as provided in divisions (C) through (E) of this section. ... (D) Open burning shall be allowed for the following purposes with prior notification to both the Municipal Fire Department and the District Office of the Ohio Environmental Protection Agency, as provided by Ohio Environmental Protection Agency Regulation 3745-19-05: ... (2) Ceremonial purposes. Ceremonial fires shall be less than five feet by five feet by five feet and shall burn no longer than three hours. ... (F) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. In addition, the offender shall be required to pay the cost of proper disposal of the material burned.

Full Breakdown

Section 660.08 starts from a ban. Division (B) says no person shall cause or allow open burning within the municipality except as provided in divisions (C) through (E). Division (A)(1) defines open burning as the burning of any materials wherein air contaminants resulting from combustion are emitted directly into the air, without passing through a stack or chimney from an enclosed chamber, and it names the burning of materials in metal cans, barrels, containers, wire baskets or any homemade device. Burning in incinerators is governed by Ohio Environmental Protection Agency Regulations 3745-17-01 to 3745-17-13.

Three tiers of exceptions follow. Division (C) needs no notice: cooking food for human consumption, and heating tar, welding, acetylene torches, highway safety flares, heating for warmth of outdoor workers, smudge pots and similar occupational needs. Division (D) requires prior notification to both the Municipal Fire Department and the District Office of the Ohio Environmental Protection Agency, as provided by Regulation 3745-19-05, for prevention or control of disease or pests and for ceremonial purposes. A ceremonial fire shall be less than five feet by five feet by five feet and shall burn no longer than three hours. Division (E) requires written permission from the District Office of the Ohio Environmental Protection Agency for disposal of hazardous or toxic materials, instruction in methods of fire fighting or research in the control of fire, and emergency or extraordinary circumstances, and any conditions in the permit shall be followed.

Fires under divisions (C) and (D) shall not be used to burn garbage, landscape waste or any other waste material, and shall use a clean fuel. Landscape waste covers trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings and crop residues.

A second rule sits in Chapter 943. Section 943.09 bars burning domestic refuse, rubbish or waste material within the territorial limits of the municipality, says nothing in it prohibits a proper fire for domestic purposes or recreation if the fire is properly attended, and lets the City Fire Inspector issue temporary permission for burning on application. It cross-references § 660.08.

Violations & Fines

Under § 660.08(F), whoever violates the section is guilty of a minor misdemeanor, and § 698.02(D) sets the fine at not more than $150.00. In addition, the offender shall pay the cost of proper disposal of the material burned, which the section defines as the amount it would have cost to dispose of the materials in a manner consistent with the air, water and solid waste laws, ordinances and regulations of the municipality and the state.

Frequently Asked Questions

Can I burn leaves or brush in my yard in Marion, Ohio?
Not under § 660.08. Landscape waste is defined to include trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings and crop residues, and the fires the section allows shall not be used to burn landscape waste. Section 943.09(A) separately bars burning domestic refuse, rubbish or waste material within the municipality.
Who can grant permission to burn in the City of Marion?
Section 660.08(E) requires written permission from the District Office of the Ohio Environmental Protection Agency for hazardous or toxic material disposal, fire fighting instruction or research, and emergency or extraordinary circumstances. Under § 943.09(D), the City Fire Inspector can issue temporary permission for burning on application.
Is a burn barrel allowed?
Section 660.08(A)(1) says the burning of any materials in metal cans, barrels, containers, wire baskets or any homemade device is open burning. Division (B) prohibits open burning except for the purposes in divisions (C) through (E), and none of those divisions lists disposal of household trash.
What happens if someone is caught burning illegally?
The offense is a minor misdemeanor under § 660.08(F), with a fine of not more than $150.00 under § 698.02(D). The offender must also pay the cost of proper disposal of the material burned, measured as what lawful disposal would have cost under municipal and state air, water and solid waste rules.

Sources & Official References

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