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Massachusetts Statewide Rule

Massachusetts Open-Air Fire Permit Law (M.G.L. c.48 §13)

Significant RestrictionsApplies statewide across Massachusetts (2026)

Key Facts

Statute
M.G.L. c.48 §13
Permit issuer
Forest warden or fire chief
Permit term
Two days maximum
Fine
Up to $500 plus suppression
Cooking-fire exception
Adults 18+, sandy land
Last verified: July 31, 2026

Summary

Massachusetts bans any open-air fire statewide unless the local forest warden or fire chief issues a permit good for no more than two days. Violators face a fine up to $500 plus the cost of suppression, or jail.

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... Whoever violates any provision of this section shall be punished by a fine of not more than $500 plus the cost of suppression or by imprisonment for not more than one month or both.

Full Breakdown

Under M.G.L. c.48 §13, no one may set, maintain, or increase a fire in the open air anywhere in Massachusetts except by a permit from the town forest warden, the fire chief, or a city fire commissioner. Each permit covers a period not exceeding two days, and the warden may attach conditions such as allowing burning only after 4 p.m. Adults 18 or older may build a reasonable cooking fire on sandy or gravelly land free of vegetation without a permit. The state fire warden and DCR's Bureau of Forest Fire Control oversee wardens and suppress forest fires; the forester's permit rules bind statewide once approved by the governor and council.

Violations & Penalties

Setting or feeding an open-air fire without a valid permit is punishable by a fine of up to $500 plus the cost of suppression, or imprisonment for up to one month, or both. A forest warden or deputy may arrest a violator without a warrant.

Frequently Asked Questions

Do I need a permit to burn brush in Massachusetts?
Yes. Any open-air fire requires a permit from your town's forest warden or fire chief, valid no more than two days, and may be limited to burning after 4 p.m.
Can I have a campfire without a permit?
Only a reasonable cooking fire, built by someone 18 or older on sandy or gravelly land free of living or dead vegetation, is exempt. All other open fires need a permit.
What is the penalty for an illegal open fire?
A fine of up to $500 plus the cost of suppression, or up to one month in jail, or both. A forest warden may arrest a violator without a warrant.

Sources

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