Maine Statewide Rule

Maine state law: outdoor open burning permits

Q: Do I need a permit to burn brush in my Maine backyard?

Yes. Under 12 MRS Chapter 805, you must obtain a burn permit from your local town fire warden or through the Maine Forest Service online portal (https://www13.informe.org/burnpermit/, free and valid for one calendar day) before burning any brush, debris, or grass. Permits are not issued on Class III, IV, or V fire-danger days or during red-flag warnings. Your municipality may also ban residential brush burning entirely under home-rule authority, verify with the local fire department first.

Q: What happens if my permitted fire escapes?

Under 12 MRS § 9325, the person responsible is liable for all Maine Forest Service suppression costs, typically $5,000-$50,000+ for a multi-acre escape, and may face Class E criminal charges for reckless conduct. The burn permit does not waive civil liability for property damage to neighbors. Maine sees several escaped brush fires every dry spring that result in significant cost-recovery actions.

Some RestrictionsApplies statewide across Maine (2026)

Key Facts

Authority: 12 MRS Chapter 805 (Forest Fire Prevention)
Permit required for: All brush, debris, grass burning
Permit issuer: Maine Forest Service online or local town fire warden
Permit cost / duration: Free; valid one calendar day
Prohibited days: Class III/IV/V fire-danger days and red-flag warnings
Exemption: Campfires < 3 ft diameter on non-combustible base
Wildfire season: Late March through late November

Last verified: August 21, 2026Source: Maine Legislature

Summary

Per 12 MRS Chapter 805, the Maine Forest Service requires a permit for nearly all open burning of brush, debris, and grass, issued by the local town fire warden or through the Maine Forest Service online portal, and open burning is statutorily prohibited on Class III, IV, or V fire-danger days or during red-flag warnings.

1. Permissible open burning with permit. When not prohibited by statute, rule of any state agency or local ordinance, the types of burning described in this subsection are allowed provided that a permit has been obtained from the town forest fire warden or from the forest ranger having jurisdiction over the location where the fire is to be set. The burning must be conducted according to the terms and conditions of the permit and may not create a nuisance. A permit is required for:

Source: Maine LegislatureView official code

Full Breakdown

Maine Forest Service (Maine Department of Agriculture, Conservation and Forestry, Bureau of Forestry) issues open-burning permits under 12 MRS Chapter 805 (Forest Fire Prevention). org/burnpermit/, free and valid one calendar day). Open burning is statutorily PROHIBITED when the Maine Forest Service issues a red-flag warning: "the director or the director's delegate may not issue a permit or other permission for open burning" in red-flag warning areas, with limited exceptions for commercially managed wild blueberry field burns operating under approved burn plans. Recreational campfires under 3 feet in diameter on a non-combustible base do NOT require a permit when conducted in compliance with safe-practice rules.

Municipalities may further restrict outdoor burning under 30-A MRS § 3001 home-rule authority, coastal towns and Cumberland County urban municipalities typically prohibit residential brush burning year-round and require commercial debris haul-off. "

Violations & Penalties

Burning without a required permit is a civil violation under 12 MRS § 9325 with state fines typically $100-$1,000 per offense; the person responsible for an escaped fire is liable for all Maine Forest Service suppression costs (often $5,000-$50,000+) and may face Class E criminal charges for reckless conduct. Municipal-ordinance fines vary.

Frequently Asked Questions

Do I need a permit to burn brush in my Maine backyard?

Yes. Under 12 MRS Chapter 805, you must obtain a burn permit from your local town fire warden or through the Maine Forest Service online portal (https://www13.informe.org/burnpermit/, free and valid for one calendar day) before burning any brush, debris, or grass. Permits are not issued on Class III, IV, or V fire-danger days or during red-flag warnings. Your municipality may also ban residential brush burning entirely under home-rule authority, verify with the local fire department first.

What happens if my permitted fire escapes?

Under 12 MRS § 9325, the person responsible is liable for all Maine Forest Service suppression costs, typically $5,000-$50,000+ for a multi-acre escape, and may face Class E criminal charges for reckless conduct. The burn permit does not waive civil liability for property damage to neighbors. Maine sees several escaped brush fires every dry spring that result in significant cost-recovery actions.

Sources

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