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

Wicomico County Code § 146-2 places open fires under the Code of Maryland Regulations (COMAR), with enforcement by the Wicomico County Health Department. Upon receiving an application for an open fire permit, the Health Department may issue or approve a written permit allowing the fire in accordance with COMAR's provisions (§ 146-2B). Conducting an open fire covered by COMAR without the required permit, or in violation of the permit's terms, is a civil infraction (§ 146-3A), and the Director of the Department of Planning, Zoning and Community Development or a designee is authorized to issue citations for it (§ 146-3B).

Before a citation issues, an incident commander of a county fire department, the Health Department, or a Code Enforcement Officer who believes a violation may occur must give the property owner or responsible party written notice describing the property, stating that an open fire permit is required from the Health Department and is subject to COMAR restrictions, and warning that violations bring citations (§ 146-4A, B). That notice can be posted on the property and mailed, or served personally, and a copy goes to the Department of Planning, Zoning and Community Development for its files (§ 146-4B(2)-(3)).

A citation can issue for a violation whether or not notice was given (§ 146-4C). Separately, § 146-1 makes it a misdemeanor to willfully, negligently or maliciously set fire to brush, grass or other material, or let a fire escape, when it injures or destroys another person's property, punishable by up to a $100 fine and/or six months imprisonment, without barring a civil suit for damages.