Maine Statewide Rule
Maine state law: recreational fire pits and outdoor campfires
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
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?
Can my town ban backyard fire pits even though state law allows small recreational fires?
Sources
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