Maryland Statewide Rule
Maryland Open-Air Burning Bans During Wildfire Conditions
Key Facts
- Statute
- Nat. Res. Article 5-720
- Ban authority
- DNR Secretary or Governor
- Firebreak required
- 10 feet wide
- Legal burn hours
- 4 p.m. to midnight
- Permit
- Local Forest Service office
Summary
When wildfire danger climbs, the Maryland Secretary of Natural Resources or the Governor may impose a burning ban under Natural Resources Article 5-720. Once that ban is in effect, starting or allowing open air burning anywhere it applies is illegal statewide.
(a)(3) "Open air burning" means a fire where any material is burned in the open or in a receptacle other than a furnace, incinerator, or other equipment connected to a stack or chimney. ... (b)(1) A person may not start or allow open air burning in an area in which a burning ban imposed by the Secretary or the Governor is in effect.
Full Breakdown
Section 5-720 of Maryland's Natural Resources Article lets the Secretary of the Department of Natural Resources, or the Governor, declare a burning ban during prolonged or unusual conditions conducive to the easy starting and spread of fire. While a ban is in effect, no person may start or allow open air burning in the covered area, with narrow exceptions for supervised fire-department training burns. The DNR Forest Service enforces it: under subsection (c), public officers may enter private property on reasonable suspicion of unlawful burning to put out the fire and enforce the section. Outside a ban, burning still requires a Forest Service permit, a 10-foot firebreak, and burning only between 4 p.m. and midnight.
Violations & Penalties
Starting or allowing open air burning while a Department of Natural Resources burning ban is in effect violates Section 5-720. Public officers may enter your property to extinguish the fire and enforce the prohibition.
Frequently Asked Questions
Who can impose a Maryland burning ban?
Can I burn yard debris during a burn ban?
What are the rules when no ban is active?
Sources
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