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Millcreek, PA Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Millcreek, PA, 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

Burn ban authority
Fire Code Official, temporary ban on all outdoor burning, § 40-33C
Burning during a ban
$1,000 fine
Burning on a public street or road
Any materials prohibited, $500 fine
Prohibited materials
Garbage, food waste, refuse, solid waste, recyclables, leaf waste
Attendance
Competent person at least 16 years old, extinguishing agent on hand
Permit
Not needed for clean, dry, seasoned wood in covered fires; required otherwise

Summary

In Millcreek Township, Erie County, Pennsylvania, Chapter 40, Article V governs open burning, bonfires, cooking fires and recreational fires. The Fire Code Official can impose a temporary ban on all outdoor burning, and burning during a ban is unlawful and carries a $1,000 fine. Burning garbage, recyclables or leaf waste, or anything on a public street, is prohibited.

A person shall not ignite or maintain or authorize to be ignited or maintained any fire to which this article applies unless conducted and approved in accordance with § 40-33A through § 40-40. ... C. Temporary burn ban. When deemed necessary, the Fire Code Official shall be authorized to impose temporary bans on all outdoor burning or fires, which bans shall operate to prohibit outdoor fires and burning otherwise authorized by this article. It shall be unlawful for any person to burn or cause or allow to be burned any materials during the term of a burning ban. D. Exception. Prescribed burning for the purpose of reducing the impact of wildland fire when authorized by the Fire Code Official.

Full Breakdown

Article V, Open Burning, was adopted 2-27-2018 by Ord. No. 2018-2. Section 40-33 sets the baseline: no one may ignite or maintain any fire the article covers unless it is conducted and approved under §§ 40-33A through 40-40. Any permitted fire must be constantly attended and monitored by a competent person at least 16 years of age, who must have an appropriate extinguishing agent immediately available in sufficient quantity to put the fire out completely, such as water, sand or fire extinguishers. Under § 40-33C the Fire Code Official, when deemed necessary, can impose temporary bans on all outdoor burning or fires, and the ban overrides burning the article otherwise authorizes. Section 40-33D exempts prescribed burning to reduce the impact of wildland fire when authorized by the Fire Code Official.

Section 40-34 lists what is always unlawful: burning any materials on a public street or road, burning prohibited materials on any land including private roadways and drives and public utility rights-of-way, and burning prohibited materials in recreational fires, portable outdoor fireplaces, cooking fires or bonfires. PROHIBITED MATERIALS means any garbage, food waste, refuse or other material classified as solid waste, municipal waste, recyclable materials or leaf waste. Section 40-35 allows burning of clean, dry and seasoned wood without a permit for recreational fires, portable outdoor fireplaces and cooking fires. Anything else the article covers, and is not prohibited, needs a permit before ignition under § 40-37, with an application fee set by Board of Supervisors resolution and revocation possible at any time for good cause. Bonfires by schools and community groups need a permit from the Fire Code Official and must stay 50 feet from property lines and 75 feet from any building or structure. Under § 40-39 the fire code official can order any burning extinguished if it creates a hazard or lacks a required permit.

Violations & Fines

Under § 40-41B, burning during a ban in violation of § 40-33C, and violations of the bonfire rules in § 40-36 and the permit rules in § 40-37, each carry a $1,000 fine. Violations of § 40-33A (attendance) and § 40-34A (burning on a public street or road) carry $500. A first violation of § 40-34B (prohibited materials on land) carries $200, rising to $500 for second and subsequent violations. Each day is a separate offense, judgments add court costs and attorneys' fees, and the Board of Supervisors does not prescribe imprisonment.

Frequently Asked Questions

Who can declare a burn ban in Millcreek Township?
Under § 40-33C, the Fire Code Official, when deemed necessary, can impose temporary bans on all outdoor burning or fires. The ban prohibits fires and burning that the article otherwise authorizes, and it is unlawful for any person to burn or cause or allow to be burned any materials during the term of the ban.
What can I not burn in Millcreek Township?
Section 40-34 prohibits burning any materials on a public street or road, and prohibits burning prohibited materials on any land, public or private. Prohibited materials are garbage, food waste, refuse and anything classified as solid waste, municipal waste, recyclable materials or leaf waste. The nuisance article in § 40-7C also covers burning trash, rubbish and motor vehicles.
Do I need a permit to burn?
Not for recreational fires, portable outdoor fireplaces or cooking fires using clean, dry and seasoned wood, which § 40-35 authorizes without a permit. Other burning that is not prohibited needs a permit before ignition under § 40-37. Bonfires need a permit from the Fire Code Official under § 40-36.
Who enforces the burning rules?
Section 40-41A(2) gives the Millcreek Township Department of Code Enforcement, the Police Department and other code enforcement personnel designated by the Board of Supervisors authority to investigate and enforce. A citation is served on the violator and the action is filed in the Magisterial District Court under the Pennsylvania Rules of Criminal Procedure for summary violations.

Sources & Official References

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Outdoor Burning in Nearby Cities

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