Open Burning Regulations

Requirements for Open Burnings & Open Fires
  • Authority Having Jurisdiction: Frederick County Government including any of its agencies, divisions, departments, or official representatives.
  • Cooking Fire: The noncommercial, residential burning of materials not exceeding 3 feet in diameter and 2 feet in height, other than rubbish in which the fuel burned is contained in an outdoor fireplace, a barbecue grill, or a barbecue pit for the purpose of preparing food.
  • Recreational Fire: The noncommercial burning of materials other than rubbish for pleasure, religious, ceremonial, cooking, or similar purposes in which the fuel burned is not contained in an incinerator, a barbecue grill, or a barbecue pit, and the total fuel area is not exceeding 3 feet.
  • Burn Permits: Can be obtained at the Environmental Health Department
  • Burning hours may be prescribed by the authority having jurisdiction.
  • Conditions that could cause a fire to spread to within 25 feet of a structure shall be eliminated prior to ignition.
  • During that period of the year declared by the authority having jurisdiction to be the dry season, it shall be unlawful to set fires to any brush or forest-covered land.
  • Every commercial incinerator and commercial barbecue fireplace shall be equipped and maintained with a spark arrestor and shall be maintained in good condition, working order, and repair at all times.
  • For other than 1 and 2-family dwellings, no hibachi, gas-fired grill, charcoal grill, or other similar devices used for cooking, heating, or any other purpose, shall be used or kindled on any balcony or under any overhanging portion or within 15 feet of any structure. Listed electric ranges, grill, or similar electrical apparatus shall be permitted.
  • On such occasions when the chief executive of the jurisdiction declares a dry season and establishes special regulations on the use of any form of fire or smoking material, the authority having jurisdiction shall have the authority to assist in the enforcement of such regulations.
  • Open fires and cooking fires shall be constantly attended by a competent person until such fire is extinguished. This person shall have a garden hose connected to a water supply or other fire-extinguishing equipment readily available for use.
  • Permits are not required for cooking or recreational fires.
  • Recreational fires shall not be located within 25 feet of a structure or combustible material unless contained in an approved manner determined by the authority having jurisdiction.
  • The authority having jurisdiction shall be authorized to require any fire to be immediately discontinued if the fire is determined to continue a hazardous conditions.
  • The authority having jurisdiction shall have the authority to prohibit any or all open fires when atmospheric conditions or local circumstances make such fires hazardous.