Massachusetts Statewide Rule
Massachusetts Open Burning Permit Season Statewide
Key Facts
- Permit Season
- Jan 15 to May 1
- Hours Allowed
- 10 a.m. to 4 p.m.
- Statute
- G.L. c. 48 Sec. 13
- Leaves
- Prohibited year-round
Summary
Massachusetts restricts open burning to January 15 through May 1 annually with a permit issued by the local fire chief under uniform state regulations.
Section 13. No person shall set, maintain or increase a fire in the open air at any time except by permission, covering a period not exceeding two days from the date thereof, granted by the forest warden or chief of the fire department in cities and towns, or, in cities having such an official, the fire commissioner; provided, that if such permission is not in writing, a written record of the granting thereof, setting forth the date upon which permission was granted, the dates covered by such permission, the name and address of the person to whom, and the manner in which, such permission was granted, and any other necessary information relative thereto, shall be made and kept by the forest warden, chief or fire commissioner, as the case may be, and shall be open to public inspection; and provided further, that persons eighteen years of age or older may, without a permit, set, maintain or increase a reasonable fire for the purpose of cooking, upon sandy or gravelly land free from living or dead vegetation or upon sandy or rocky beaches bordering on tidewater, if the fire is enclosed within rocks, metal or other nonflammable material.
Full Breakdown
G.L. c. 48 Section 13 and 527 CMR 1.00 limit open burning of brush, cane, driftwood, and forestry debris to the period from January 15 to May 1 each year. Burning requires a permit from the local fire warden or chief and must occur between 10 a.m. and 4 p.m., at least 75 feet from any dwelling. Burning of leaves, demolition material, household trash, tires, and grass is prohibited statewide year-round. The Department of Environmental Protection and Department of Fire Services jointly administer the rules.
Violations & Penalties
Illegal burning subjects violators to fines up to $25,000 per day under DEP enforcement and additional fire code penalties.
Frequently Asked Questions
Can I burn leaves in my yard?
Do I need a permit for a small brush fire?
Sources
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