Burn Permit FAQs

Answers to frequently asked questions about using this site.


Open Burning Permits & Restrictions

The Department of Environmental Protection (MassDEP) and your local fire department limit open burning for public health and safety reasons. Learn when and where open burning is allowed, and how to do it safely.


Open Burning is Allowed from January 15 to May 1

Open burning is allowed from mid winter to early spring across most of Massachusetts. It is prohibited in 22 densely built and populated cities and towns. The following information is compiled from the Open Burning Safety page on the Mass.gov website.

Burning Requirements

If open burning is allowed in your community, contact your local fire department to obtain an open burning permit in advance.

State fire wardens determine each day whether conditions are safe for open burning. Weather and air quality can change rapidly, especially in the spring, and fire departments can rescind permits when that happens.

Open burning must be done:

  • Between 10:00 a.m. and 4:00 p.m. from January 15 to May 1
  • At least 75 feet from all buildings
  • As close as possible to the source of material being burned
  • When air quality is acceptable for burning. Call the MassDEP Air Quality Hotline at (800) 882-1497 or visit MassAir Online to find out if it is.
  • Communities where open burning is prohibited at all times: Arlington, Belmont, Boston, Brookline, Cambridge, Chelsea, Chicopee, Everett, Fall River, Holyoke, Lawrence, Lowell, Malden, Medford, New Bedford, Newton, Somerville, Springfield, Waltham, Watertown, West Springfield, Worcester
What Can I Burn?

You are allowed to burn:

  • Brush, cane, driftwood and forestry debris (but not from commercial or industrial land clearing)
  • Agricultural materials including fruit tree and bush prunings, raspberry stalks, and infected bee hives for disease control.
  • Trees and brush from agricultural land clearing
  • Fungus-infected elm wood, if no other acceptable means of disposal is available

You may not burn:

  • Leaves
  • Brush, trees, cane or driftwood from commercial or industrial land clearing
  • Grass, hay, leaves, stumps or tires
  • Construction materials or demolition debris
  • Household trash
What Times are Best for Open Burning?

You can help prevent wildland fires by burning early in the season. Wet and snowy winter conditions help hinder the rapid spread of fire on or under the ground.

Changing weather conditions and increased fire danger in spring can lead to many days when open burning is not allowed.

April is usually the worst month for brush fires. When snow recedes, but before new growth emerges, last year’s dead grass, leaves and wood are dangerous tinder. Winds also tend to be strong and unpredictable in April.

What are the Alternatives to Open Burning?

While still allowed in most Massachusetts towns and cities, open burning has disadvantages.

The combustion process releases carbon dioxide, other gases, and solid substances directly into the air. This can make it difficult for people with respiratory problems to breathe. It can also cause smoke and odor nuisance conditions for neighbors.

Disposing of natural materials is never as good for the environment as recycling them. Ask your public works or solid waste department if your community chips or composts natural debris into landscaping material.

What Other Types of Outdoor Fires are Allowed?

With the fire department’s approval and supervision, a community may schedule:

  • Christmas tree burning between December 26 and January 7 (although recycling trees or “planting” them in dunes to control beach erosion are more beneficial to the environment)
  • One ceremonial bonfire each year to observe a municipal, state or national event
  • A bonfire between July 2 and July 6 in observance of Independence Day

Outdoor cooking is allowed year-round in all communities and is not subject to open burning limits.

With specific approval from MassDEP, local fire departments may also stage outdoor fires for purposes of fire prevention or protection research and training

What about Fire Pits?

Fire pits have become popular in recent years. But unless they are being used  for cooking, they are subject to the MassDEP open burning regulation and require a permit. If you do use a fire pit for cooking, the fire must be:

  • Kept to a reasonable size
  • Located away from combustible materials
  • Contained in a non-flammable enclosure, and
  • Tended by someone who is 18 years of age or older.

Remember to burn only clean, dry firewood. This will minimize the amount of smoke leaving your property and affecting neighbors. You may not burn trash, refuse or similar materials.

Some cities and towns regulate, limit or prohibit the use of chimineas, fire pits and outdoor fireplaces. To find out if your community has specific requirements, contact your local fire department.

Agricultural Burn Permits

MassDEP has determined that open burning permits, for the destruction of agriculturally generated material, be effective two hours after sunrise with the requirement that all fires be extinguished by 4:00 p.m. that same afternoon. In this way the fires will occur only during the morning and early afternoon hours when ventilation is best.


How is agriculture defined?

MassDEP has stated that agriculture, for the purpose of 310 CMR 7.07, means those practices involved with the cultivation of soil for purposes of crop production and/or the raising of livestock when such crops are produced for commercial food stocks and such livestock is raised for commercial food stuff or for work purposes. Agricultural operations are those that raise commercial food stuff or livestock and consist of an area larger than one acre of land.

What are the regulations around agricultural burning?

Regulation 310 CMR 7.07 (3)(b) specifies that open burning is allowed for activities associated with the normal pursuit of agriculture which have been determined by the Department as necessary. This includes, but is not limited to, the open burning of blueberry patches for pruning, dead raspberry stocks, fruit tree pruning and affected beehives for disease control. Regulation 310 CMR 7.07 (3)(c) allows open burning of brush and trees resulting from agricultural land clearing operations. These two regulations are the pertinent ones for agricultural considerations.

When is agricultural burning allowed?

Regulation 310 CMR 7.07 (3) Sections b and c – the agricultural burning sections –have no time or date limitations associated with them. However, MassDEP does not allow the burning of material during the evening hours when air stagnation conditions exist.

Nocturnal inversions create some very severe air quality problems. These nocturnal inversions do not end until the earth has begun to warm from the sun after sunrise.

MassDEP has determined that open burning permits, for the destruction of agriculturally generated material, be effective two hours after sunrise with the requirement that all fires be extinguished by 4:00 p.m. that same afternoon. In this way the fires will occur only during the morning and early afternoon hours when ventilation is best.

Definitions: Farming, Agriculture, Farmer

Section 1A. ”Farming” or ”agriculture” shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market.