A. A person may not engage in open air burning except under the following conditions:
- (1) There is a natural or constructed fire break at least 10 feet wide completely around the material to be burned that is free of flammable materials;
- (2) Adequate personnel and equipment are present to prevent the fire from escaping;
- (3) At least one responsible person remains at the location of the fire until the last spark is out; and
- (4) Burning occurs between the hours of 4 p.m. and 12 midnight, except that when the ground is covered with snow the burning may occur at any time so long as all other requirements are met.
- B. A person may engage in open air burning, or prescribed burning, which does not comply with §A of this regulation, if the person has submitted a plan for that burning to the Department for review and the Department has issued a permit for that burning. The Director may require conditions in the permit which are more stringent or less stringent than the requirements in §A of this regulation.
- C. In addition to the conditions and requirements in A and B of this regulation, a person engaged in open air burning or prescribed burning shall comply with all other requirements of State and local authorities having jurisdiction.
Authority: Natural Resources Article, §§5-209 and 5-604, Annotated Code of Maryland
Effective date: March 28, 1975 (2:8 Md. R. 561)
Chapter revised effective July 5, 1982 (9:13 Md. R. 1350)
Regulation .01 amended effective February 15, 2016 (43:3 Md. R. 271)
Regulation .01A amended effective March 23, 2009 (36:6 Md. R. 489)
Regulation .03 amended effective February 15, 2016 (43:3 Md. R. 271)
Regulation .12 adopted effective March 23, 2009 (36:6 Md. R. 489)