An Act to Prohibit Open Burning Under a Red Flag Warning and Regulate Recreational Campfires
Maine Legislature, Session 131, LD 0024
Committee: Agriculture, Conservation and Forestry
Sponsors: CURRY
Amends: 12 MRSA §9321, 12 MRSA §9321-B, 12 MRSA §9324, 12 MRSA §9325

Legislative Document
No. 24
S.P. 16
In Senate, December 30, 2022
An Act to Prohibit Open Burning Under a Red Flag Warning and 
Regulate Recreational Campfires
Submitted by the Department of Agriculture, Conservation and Forestry pursuant to Joint 
Rule 204.
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CURRY of Waldo.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §9321, sub-§1-A is enacted to read:
1-A.  Prohibition during red flag warning.  The director may not issue a permit or 
other permission for open burning for burning to take place when a red flag warning is in 
effect.  A recreational campfire is not allowed when a red flag warning is in effect, whether 
under a permit or exempt from permitting.
Sec. 2.  12 MRSA §9321, sub-§2, as amended by PL 1999, c. 547, Pt. B, §32 and 
affected by §80, is further amended to read:
2.  Revocation.  The director or the director's delegate may revoke any permit during 
a period of high forest fire danger or any permit which that results in creation of a nuisance 
condition without compliance with the provisions of Title 4, chapter 5 or Title 5, chapter 
375.  The director or the director's delegate shall revoke a permit for open burning during 
the period in which a red flag warning is in effect.
Sec. 3.  12 MRSA §9321-B is enacted to read:
§9321-B.  Definitions
As used in this article, unless the context otherwise indicates, the following terms have 
the following meanings.
1.  Recreational campfire.  "Recreational campfire" means an outdoor fire that is used 
for cooking, personal warmth, light or ceremonial or aesthetic purposes and that is not a 
part of debris disposal.  "Recreational campfire" includes a residential fire contained within 
an outdoor fireplace.  "Recreational campfire" does not include a portable lantern designed 
to emit light resulting from combustion or a stove that is used inside a structure or living 
accommodation.
2.  Red flag warning.  "Red flag warning" means a forecast warning from the United 
States Department of Commerce, National Oceanic and Atmospheric Administration, 
National Weather Service or its successor, in conjunction with the bureau, that informs the 
public, firefighters and land management agencies that conditions are ideal for wildland 
fire combustion and rapid spread.  A red flag warning indicates for a given area that the 
temperature is warm, the humidity is very low and strong winds are expected and that these 
factors produce an increased risk of fire danger.
Sec. 4.  12 MRSA §9324, sub-§9 is enacted to read:
9.  Recreational campfires.  A person who kindles or uses a recreational campfire 
may not allow the recreational campfire to exceed 3 feet in diameter on the ground at the 
base of the fire or 3 feet in height.
Sec. 5.  12 MRSA §9325, sub-§2, ¶A, as enacted by PL 1991, c. 36, §4, is amended 
to read:
A.  Recreational campfires A recreational campfire kindled when the ground is covered 
by snow or on a frozen bodies body of water, as long as the recreational campfire does 
not exceed 3 feet in diameter on the ground at the base of the fire and does not exceed 
feet in height;
Sec. 6.  12 MRSA §9325, sub-§2, ¶B, as enacted by PL 1991, c. 36, §4, is amended 
to read:
B.  Residential use of outdoor grills and fireplaces for recreational purposes such as 
preparing food, as long as the fire does not exceed 3 feet in diameter in a fireplace or 
grill at the base of the fire and does not exceed 3 feet in height; and
Sec. 7.  12 MRSA §9325, sub-§3 is enacted to read:
3.  Prohibition.  A person may not engage in open burning under subsection 1 or 2, 
including a recreational campfire, during the period in which a red flag warning is in effect.
SUMMARY
This bill prohibits open burning, including recreational campfires, whether the open 
burning is permitted or not, during periods in which a red flag warning is in effect.  The 
bill limits the size of recreational campfires, including those that do not require a permit.