Burn permits and fire pits in Cape Elizabeth, Maine
Only with permission. Cape Elizabeth's Fire Protection Code bans any bonfire or other exposed fire unless the Fire Chief gives specific permission or state law allows it, and the town's Health and Sanitation Ordinance lets you burn only leaves or brush, with a proper permit. Burning trash or other solid waste is illegal.
| Bonfires and exposed fires | Prohibited without Fire Chief permission or as provided by statute [1] |
| Conditions | Approved metal receptacles or safeguards the Fire Chief directs for time and weather [1] |
| What may be burned | Only leaves or brush, with a proper permit [2] |
| Trash and other solid waste | May not be burned or incinerated [2] |
| Penalty | $25 to $100 fine per violation [3] |
Fires need the Fire Chief's permission
Cape Elizabeth's Fire Protection Code (Chapter 8) says no one may kindle or maintain a bonfire or other exposed fire in town except under specific permission from the Fire Chief or as otherwise provided by statute [1]. Permitted burning must be done in metal receptacles the Fire Chief approves, or under the safeguards the Chief directs for time and weather conditions. The permit holder must keep the fire under control, is responsible for any damage it causes, and must put out all embers and remove or wet down hot ashes when finished.
The ordinance doesn't separately mention backyard fire pits, chimineas or cooking fires, so a recreational fire appears to fall under the general "exposed fire" rule. State law, which the ordinance refers to, has its own permit system: it requires a burn permit for brush burning and for campfires on bare ground, but exempts small residential grills and outdoor fireplaces. Check with the Fire Department about how the town applies its own rule alongside those exemptions.
Brush and leaves only
The Health and Sanitation Ordinance (Chapter 11) makes it unlawful to burn or incinerate any solid waste in town other than leaves or brush with a proper permit [2]. That means household trash, construction debris and similar materials can't be burned. Take them to the town's disposal facility instead.
Penalties
Violating the Fire Protection Code is a misdemeanor punishable by a fine of $25 to $100, or 1 to 5 days in jail, or both, and each 10 days a prohibited condition continues is a separate offense [3].
Note on the source
The Fire Protection Code we reviewed was last amended in 2007 (the exposed-fire section dates from 1976), so check with the Fire Department for current permit procedures.
See how Cape Elizabeth compares with 8+ other Maine towns on burn permits & backyard fires →
Next steps
- Contact the Cape Elizabeth Fire Department before any brush burn or bonfire to get the Fire Chief's permission or a burn permit.
- Burn only leaves and brush; never trash, plastics, or construction debris.
- Follow the conditions on your permit (approved receptacle, weather and timing), keep the fire attended, and drown the ashes when done.
- Check the daily fire danger before burning, since permits depend on conditions.
Common questions
- Do I need a burn permit in Cape Elizabeth, Maine?
- Yes, permission is needed. The Fire Protection Code bans any bonfire or other exposed fire unless the Fire Chief gives specific permission or state law allows it. Contact the Fire Department before any brush burn or bonfire.
- Can I burn brush or leaves in Cape Elizabeth, Maine?
- Only leaves or brush, and only with a proper permit. Burning or incinerating any other solid waste is unlawful.
- Can I have a backyard fire pit in Cape Elizabeth, Maine?
- It's unclear. The ordinance doesn't mention fire pits, so a recreational fire appears to fall under the general exposed-fire rule. State law exempts small residential grills and outdoor fireplaces, so check with the Fire Department how the town applies both.
- What is the penalty for illegal burning in Cape Elizabeth, Maine?
- Violating the Fire Protection Code is a misdemeanor with a fine of $25 to $100, or 1 to 5 days in jail, or both.
Maine state burn permit rules
Maine law (12 M.R.S. §9324–9325) and the DEP open burning rule apply in every town. Towns can be stricter, and some ban brush burning entirely.
You need a burn permit from your town forest fire warden or the Maine Forest Service for:
- Burning leaves, brush, deadwood and tree cuttings from normal upkeep of your own property.
- A recreational campfire when the ground isn't covered by snow.
- Any recreational fire larger than 3 ft across and 3 ft high (Forest Service guidance since Oct. 25, 2023).
No permit needed for:
- A campfire on snow-covered ground or a frozen pond, up to 3 ft wide and 3 ft high.
- Residential outdoor grills and fireplaces used for things like cooking, up to 3 ft by 3 ft.
Getting a permit: Online permits from the Maine Forest Service have been free since Oct. 2021, and you can request them 9am to midnight. Your town warden can also write you a permit for free. Check the daily fire danger report, because permits depend on conditions.
Banned everywhere: Burning trash, plastic, rubber, Styrofoam, metal, food waste, chemicals, treated wood or other solid waste. Only clean wood waste and the wood part of construction debris may be burned. No open burning at all, campfires included, in an area under a red flag warning.
You must burn at a suitable time and with care. You can be sued if your fire damages someone else's property.
What the ordinance says
- Sec. 8-2-5, Chapter 8 Fire Protection Code, p. 4
Exposed Fires Prohibited. No person shall kindle, maintain or assist in maintaining any bonfire or other exposed fire within the Town, excepting under specific permission from the Fire Chief or otherwise as provided by statute; such burning shall be done in metallic receptacles approved by him, or under proper safeguards as he may direct as to time and weather conditions, and on condition that such permittee keep sufficient control of said fire and be responsible for all damages thereof, and that all embers shall be extinguished and the hot ashes removed or wet down at the close of said fire.
- Sec. 11-2-5(c), Chapter 11 Health & Sanitation Ordinance, p. 5
Except for licensed disposal of hazardous or infectious wastes, it shall be unlawful for any person to burn or incinerate any solid waste within the Town other than leaves or brush with a proper permit.
- Sec. 8-2-6, Chapter 8 Fire Protection Code, p. 4
Any person who violates any provision of Article I or II of this Chapter 8 shall, severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor punishable by a fine of not less than Twenty- five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), or by imprisonment for not less than one (1) day nor more than five (5) days or both such fine and imprisonment.