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Maine Statewide Rule

Maine state law: recreational fire pits and outdoor campfires

Some RestrictionsApplies statewide across Maine (2026)

Key Facts

Statutory framework
12 MRS Chapter 805 (Forest Fire Prevention)
No-permit recreational fire
Under 3 ft diameter, non-combustible base, attended, water source on hand
Permit portal
Maine Forest Service online (free, valid one calendar day) or local town fire warden
When prohibited
Class III/IV/V fire-danger days, red-flag warnings
Shoreland constraint
75-ft setback / vegetation buffer under 38 MRS § 439-A
Local override
30-A MRS § 3001: municipalities may ban outright
Last verified: September 5, 2026

Summary

Maine Forest Service rules under 12 MRS Chapter 805 exempt small recreational campfires under 3 feet in diameter on a non-combustible base from the burn-permit requirement, but the exemption is voided on Class III, IV, or V fire-danger days and municipalities may further restrict outdoor fires under 30-A MRS § 3001 home-rule authority.

9. Recreational campfires. A person who kindles or uses a recreational campfire, other than a licensed camping facility, may not allow the recreational campfire to exceed 3 feet in diameter on the ground at the base of the fire or 3 feet in height.

Full Breakdown

Maine has no statewide statute that bans residential fire pits outright. The Maine Forest Service (Maine Department of Agriculture, Conservation and Forestry, Bureau of Forestry) administers open-fire regulation under 12 MRS Chapter 805 (Forest Fire Prevention). Per Maine Forest Service guidance, a recreational campfire under 3 feet in diameter does NOT require a burn permit IF it is conducted on bare mineral soil or in a contained pit on a non-combustible base, attended at all times by an adult, with a water source and shovel or extinguisher within reach, and conducted on a day when the Maine Forest Service has not declared a Class III, IV, or V fire-danger condition or a red-flag warning.

org/burnpermit/) or from the local town fire warden under 12 MRS § 9321, with the warden notifying municipal officers or the fire chief that the permit was issued. Municipalities may impose stricter local rules under 30-A MRS § 3001 (Home rule), many Cumberland County urban municipalities including Portland prohibit residential ground fires year-round and require enclosed UL-listed outdoor fireplaces or propane fire pits only. , within 250 ft of protected waters), the 75-ft vegetated-buffer rule constrains where fire pits may be sited.

Violations & Penalties

Unpermitted open burning is a civil violation under 12 MRS Chapter 805 with statewide fines typically $100-$500 per occurrence; person responsible for an escaped fire is liable for state suppression costs under 12 MRS § 9325. Disorderly-conduct charges under 17-A MRS § 501-A may also apply if the fire produces loud and unreasonable noise (Class E crime).

Frequently Asked Questions

Do I need a burn permit for a small backyard campfire in Maine?
Not under state law if the fire is under 3 feet in diameter, sited on bare mineral soil or a non-combustible base, attended by an adult, with a water source and extinguisher within reach, and the Maine Forest Service has not declared a Class III/IV/V fire-danger day or red-flag warning. Larger fires and any brush/debris burning require a permit from the Maine Forest Service online portal or your local town fire warden. Check your municipal ordinance: many Maine cities (including Portland) ban residential ground fires entirely and require enclosed propane or UL-listed fireplaces.
Can my town ban backyard fire pits even though state law allows small recreational fires?
Yes. Under 30-A MRS § 3001 (Home rule), Maine municipalities may adopt ordinances MORE restrictive than state law. Many Cumberland County coastal municipalities prohibit all residential ground fires and require either enclosed propane fire pits or UL-listed manufactured outdoor fireplaces. Always check your municipal fire-prevention ordinance before lighting any outdoor fire.

Sources

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