2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 11: FORESTRY › Chapter 807: FOREST FIRE CONTROL › Subchapter 4: REGULATION OF OPEN BURNING › Article 2: OUT-OF-DOOR FIRES › 12 §9325. Open burning

§9325. Open burning
1.  Permissible open burning with permit.
When not prohibited by statute, rule of any state agency or local ordinance, the types of burning described in this subsection are allowed provided that a permit has been obtained from the town forest fire warden or from the forest ranger having jurisdiction over the location where the fire is to be set. The burning must be conducted according to the terms and conditions of the permit and may not create a nuisance. A permit is required for:
A. Recreational campfires kindled when the ground is not covered by snow;   [PL 1991, c. 36, §4 (NEW).]
B. Fires in conjunction with holiday and festive celebrations;   [PL 1991, c. 36, §4 (NEW).]
C. Burning of solid or liquid fuels and structures for research or bona fide instruction and training of municipal, volunteer and industrial firefighters when conducted under the direct control and supervision of qualified instructors;   [PL 1991, c. 36, §4 (NEW).]
D. Burning for agricultural purposes including, but not limited to, open burning of blueberry fields, potato tops and hayfields and prescribed burning for timberland management;   [PL 1991, c. 36, §4 (NEW).]
E. Out-of-door burning of wood wastes as defined in section 9324, subsection 7‑A and painted and unpainted wood from construction and demolition debris in the open or in an incinerator with a primary chamber volume no greater than 133 cubic feet or 1,000 gallons that is not licensed by the Department of Environmental Protection;   [PL 2003, c. 245, §1 (AMD).]
F. Open burning of leaves, brush, deadwood and tree cuttings accrued from normal property maintenance by the individual landowner or lessee of the land unless expressly prohibited by municipal ordinance;   [PL 2001, c. 626, §7 (AMD).]
G. Burning on site for the disposal of wood wastes and painted and unpainted wood from construction and demolition debris generated from the clearing of any land or by the erection, modification, maintenance, demolition or construction of any highway, railroad, power line, communication line, pipeline, building or development;   [PL 2001, c. 626, §7 (AMD).]
H. Burning for hazard reduction purposes such as, but not limited to, the burning of grass fields;   [PL 1991, c. 36, §4 (NEW).]
I. Burning for the containment or control of spills of gasoline, kerosene, heating oil or similar petroleum products;   [PL 2001, c. 626, §7 (AMD).]
J. The burning of wood wastes and painted and unpainted wood from construction and demolition debris at solid waste facilities; and   [PL 2001, c. 626, §7 (AMD).]
K. The burning of empty containers, including fiberboard boxes and paper bags, previously containing explosives and being disposed of in accordance with the provisions of Title 25, section 2472.   [PL 2001, c. 626, §8 (NEW).]
[PL 2003, c. 245, §1 (AMD).]
2.  Permissible open burning without permit.
When not prohibited by state rule, local ordinance or water utility regulation, the following types of burning are permissible without a permit if no nuisance is created:
A. A recreational campfire kindled when the ground is covered by snow or on a frozen 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 3 feet in height;   [PL 2023, c. 56, §6 (AMD).]
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   [PL 2023, c. 56, §7 (AMD).]
C. Use of outdoor grills and fireplaces for recreational purposes such as preparing food at commercial campgrounds in organized towns as long as the commercial campgrounds are licensed by the health engineering division of the Department of Human Services.   [PL 1991, c. 36, §4 (NEW).]
[PL 2023, c. 56, §§6, 7 (AMD).]
SECTION HISTORY
PL 1991, c. 36, §4 (NEW). PL 1997, c. 512, §6 (AMD). PL 2001, c. 626, §§6-8 (AMD). PL 2003, c. 245, §1 (AMD). PL 2023, c. 56, §§6, 7 (AMD).