There is no permanent burn ban in Maryland, but the Director of the Maryland Forest Service can declare an emergency ban at any time when drought, wind, or fire conditions call for it, and one may be active in your area today. Even without an emergency ban, year-round state rules restrict when you can burn near woodland, require a free permit, and limit what materials you’re allowed to set on fire. Several counties add a summer prohibition of their own.
Check Before You Light Anything
The Maryland Department of Natural Resources is the primary source for current fire conditions and active bans. Its Open Air Burning page carries statewide restrictions and the Director’s declarations.1Maryland Department of Natural Resources. Open Air Burning When DNR declares or rescinds a ban, it goes out through state government news channels and social media.
Your local Maryland Forest Service office is the other reliable checkpoint. They issue burning permits, so they know immediately whether a ban is in effect for your area. A quick phone call before you plan to burn is the simplest way to avoid a citation, especially during the dry stretches of late fall and early spring when conditions turn quickly. Also check with your county fire marshal or local fire department, since local rules can be stricter than the state’s.
How Emergency Burn Bans Get Declared
Under COMAR 08.07.04.09, the Director of the Maryland Forest Service has authority to declare a complete ban on all open-air burning in woodland or in areas with flammable material that could carry fire to woodland.2Legal Information Institute. Maryland Code of Regulations 08.07.04.09 – Burning Ban A declaration can cover the whole state or a specific region, and all open-air burning stops until the Director lifts it.
These bans happen more often than people realize. In November 2024, DNR imposed a statewide ban after dry, windy conditions fueled active wildfires; it lasted about nine days before being rescinded once weather and ground conditions improved.3Maryland.gov. Maryland Forest Service During an emergency ban, even recreational fires may be restricted depending on the terms of the declaration, so read what DNR issued before assuming a fire pit is fine.
Year-Round Rules for Burning Near Woodland
Emergency ban or not, Maryland regulates open-air burning near forests all year under COMAR 08.07.04.03. The rules apply to any burning in woodland, within 200 feet of woodland, or in areas where flammable material could carry fire to woodland.1Maryland Department of Natural Resources. Open Air Burning If your property falls inside that zone, you must meet every one of the following:
- Burn only between 4:00 p.m. and midnight. The single exception is when the ground is covered with snow, in which case you can burn at any time as long as the other requirements are met.
- Maintain a natural or constructed fire break at least 10 feet wide completely around the material being burned, clear of any flammable material.
- Have adequate personnel and equipment on hand to prevent the fire from escaping.
- Keep at least one responsible person at the fire until the last spark is out.
The 4:00 p.m. start time catches people off guard.4Legal Information Institute. Maryland Code of Regulations 08.07.04.03 – Open Air Burning Rake leaves on a Saturday morning and light the pile at noon and you’re in violation regardless of the weather. Plan burns for late afternoon.
Getting a Permit
Maryland requires a free permit from the Maryland Forest Service for open-air burning in woodland, within 200 feet of woodland, or near areas where flammable materials could carry fire to woodland.5Maryland OneStop. Open Air Burning Permit The permit does not apply inside the limits of incorporated towns or to small recreational fires such as campfires.
To get one, contact your local Forest Service office. If you plan to burn more than one acre, you’ll need to submit a written burn plan. For smaller areas, the ranger or forester issuing the permit may still ask for a burn plan at their discretion. There’s no application fee. The Director can also issue permits for burns that don’t fully meet the standard COMAR requirements, but those permits often come with additional conditions tailored to the situation.4Legal Information Institute. Maryland Code of Regulations 08.07.04.03 – Open Air Burning
Summer Ban in Many Counties
Several Maryland counties and Baltimore City add a separate summer prohibition tied to air quality regulations. In Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, and Prince George’s counties, along with Baltimore City, open burning is generally prohibited from June 1 through August 31 unless the fire is permitted or set by public officers. If you live in one of these jurisdictions, the summer blackout applies regardless of weather or wildfire risk.
What You Can and Cannot Burn
Even when burning is otherwise allowed, the waste material has to originate from your own property. You cannot haul brush, leaves, or debris from another location to burn on your land.6Maryland Department of the Environment. Regulation of Open Burning of Solid Waste Several categories of material are always off-limits:
- Dense-smoke materials such as tires and roofing.
- Construction and demolition debris, including lumber and drywall, which count as solid waste.
- Land-clearing waste, meaning stumps, brush, and logs from clearing forested land for development.
- Unwanted structures, unless the burn is part of an authorized fire training exercise.
Household trash from a single-family home can be burned at the residence where it was generated, but only if the fire doesn’t create dense smoke exceeding 40 percent opacity and is at least 200 feet from any neighboring dwelling or place where people work.6Maryland Department of the Environment. Regulation of Open Burning of Solid Waste That 200-foot buffer rules out household trash burning for most suburban properties.
Recreational Fires and Grilling
Small recreational fires such as campfires are generally exempt from the state permit requirement.5Maryland OneStop. Open Air Burning Permit Portable gas grills used for cooking also typically remain allowed even under standard burn ban conditions, since they don’t throw sparks into loose vegetation.
For a chiminea, fire pit, or outdoor manufactured fireplace, sensible practice includes a screen enclosure and spark arrestor, a noncombustible surface underneath, clearance from structures, and a connected garden hose or other extinguishing equipment within reach. During an active emergency burn ban, however, even recreational fires may be restricted depending on the declaration, so confirm with DNR before lighting.
Penalties for Violations
What you pay depends on which rule you broke. During an active emergency burn ban declared by the Director, the first citation carries a $300 fine.7Maryland.gov. Maryland Department of Natural Resources Enacts Statewide Burn Ban
For broader violations of open-air burning regulations, penalties can reach up to $1,000 in fines and up to one year of imprisonment. If your fire escapes and requires a response, you can also be charged for all costs of extinguishing it. Maryland law separately creates civil liability for anyone who causes a fire by violating the burning statutes, making you liable to both the state and the county where the fire occurs for suppression costs and damages.8Maryland General Assembly. Maryland Natural Resources Code 5-705 – Civil Liability for Fire Violations Those suppression costs can dwarf any fine. A single wildfire response involving helicopters, bulldozers, and crew overtime runs into tens of thousands of dollars, and the bill lands on the person who lit the fire.