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Portland, ME Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Portland, ME, 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
Chapter 10, Article VII, Sec. 10-91
Prohibition
Burning/incinerating solid waste citywide
Exceptions
Licensed hazardous/infectious waste, §12-102 facilities
Rulemaking authority
Fire chief, per Sec. 10-93
Enforcement
Police chief or designee, Sec. 10-94
First-offense fine
$500 (Sec. 10-25(b))

Summary

Portland's Code of Ordinances bans burning or incinerating solid waste anywhere in the city, with narrow exceptions for licensed hazardous or infectious waste disposal and city-designated public solid waste facilities. Other outdoor fires, campfires and outdoor fireplaces, fall under separate permit and setback rules in the same Article VII.

Except for licensed disposal of hazardous or infectious wastes and for the operation of public solid waste disposal facilities designated pursuant to section 12-102, it shall be unlawful for any person to burn or incinerate any solid waste within the City of Portland.

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Article VII of Chapter 10 (Fire Prevention and Protection), Sec. 10-91, makes it "unlawful for any person to burn or incinerate any solid waste within the City of Portland," except for licensed disposal of hazardous or infectious wastes and operation of public solid waste disposal facilities designated under Sec. 12-102. This is a flat prohibition on trash burning, there is no permit that authorizes it. The article then separately regulates other outdoor burning: campfires require a burning permit under Sec. 10-92, and fixed outdoor fireplaces/recreational fire appliances can operate without a permit if they meet the standards in Sec.

10-95. The fire chief has standing authority under Sec. 10-93 to promulgate rules and regulations for outdoor burning citywide; those rules must be in writing and cannot take effect until at least 30 days after issuance, and copies are available on the Fire Prevention page of the city's website. Enforcement of the solid-waste burning ban runs through the general Chapter 10 violations process in Sec. 10-25, and Sec. 10-94 additionally authorizes the police chief or a designee to enforce Article VII directly, meaning both fire and police personnel can act on an illegal burn.

Residents who see solid waste (household trash, yard debris mixed with waste, demolition debris) being burned should report it to Portland Fire Department code enforcement rather than attempt to obtain a permit, because no permit exists for that activity under this section.

Violations & Fines

Violating the solid-waste burning ban is enforced under Sec. 10-25, which lets the police chief or fire chief (via corporation counsel) pursue legal or equitable action. Where a permit failure is involved, Sec. 10-25(b) sets escalating fines: $500 for a first offense, $1,000 for a second, and $1,500 for a third, with each day a prohibited condition continues counting as a separate offense.

Frequently Asked Questions

Can I burn household trash in my Portland, Maine backyard?
No. Sec. 10-91 makes it unlawful to burn or incinerate any solid waste within the City of Portland. There is no permit that authorizes trash burning: the only exceptions are licensed hazardous/infectious waste disposal and city-designated public solid waste facilities under Sec. 12-102.
Who enforces Portland's open burning ban?
Sec. 10-94 lets the police chief or a designee enforce Article VII, in addition to the general Chapter 10 enforcement process under Sec. 10-25, which allows the fire authority to pursue legal or equitable action through the corporation counsel.
What are the penalties for illegal open burning in Portland?
Sec. 10-25(b) sets fines of $500 for a first offense, $1,000 for a second, and $1,500 for a third involving a required permit, and each day the violation continues counts as a separate offense under Sec. 10-25(a).

Sources & Official References

Other rules in Portland

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

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