Burn permits and fire pits in Portland, Maine
Campfires in Portland need a valid burning permit. A recreational fire appliance (the code doesn't define it, but it generally means a manufactured fire pit or chiminea) or a fixed outdoor fireplace needs no city permit, but it must sit at least 15 feet from all structures, combustible material and property lines, and open fire rings don't get this exemption. Burning trash or other solid waste is illegal. The city code does not separately address brush burning.
| Campfires | Allowed only with a valid burning permit [2] |
| Fixed outdoor fireplace | No permit if installed and operated per city rules and NFPA 211 (2016) [3] |
| Recreational fire appliance (fire pit, chiminea) | No permit if used per city rules and manufacturer's instructions; open fire rings excluded [4] |
| Setback for outdoor fireplaces and fire appliances | 15 feet from structures, combustible material and adjacent property lines [5] |
| Burning trash / solid waste | Prohibited [1] |
Campfires and open fires
Portland's open-burning article (Chapter 10, Article VII) allows campfires only "with a valid burning permit." Campfires must follow state law, Chapter 10, and the fire chief's rules for recreational outdoor fires. The city can cancel a permit for cause [2]. The fire chief issues those written rules, which take effect 30 days after issuance [6]. We did not have a copy of them, so details such as fire size, hours and wind limits aren't covered here.
Fire pits, chimineas and outdoor fireplaces
You don't need a permit to burn in a fixed outdoor fireplace that is installed and operated under Chapter 10, the fire chief's rules, and NFPA 211 (2016) [3]. You also don't need a permit for a recreational fire appliance (a manufactured fire pit, chiminea or similar) used according to the city rules and the manufacturer's instructions. This exemption "shall not apply to the use of an open fire ring" [4], so an in-ground or ring-style pit falls back under the campfire permit rule. Whichever you use, it must be at least 15 feet from all structures, combustible material and adjacent property lines [5]. On a small city lot that setback can rule out a fire pit entirely. The city code doesn't define "recreational fire appliance," and state rules separately require a permit for any recreational fire larger than 3 feet across and 3 feet high.
Brush and yard waste
The city's open-burning article does not mention brush or leaf burning specifically. Its only outright ban is on burning or incinerating solid waste anywhere in the city [1]. State law still requires a permit for any brush burning. Ask the Fire Department whether it issues brush-burning permits in the city at all.
Enforcement
Besides the fire code enforcement process, the police chief or a designee can also enforce the open-burning article [7].
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Next steps
- For a fire pit or chiminea, use a manufactured recreational fire appliance (not an open fire ring) and place it at least 15 feet from buildings, anything combustible, and property lines.
- For a campfire or open fire ring, get a burning permit before lighting; check the Portland Fire Department's outdoor burn permit page (portlandmaine.gov/outdoor-burn-permits).
- Ask the Fire Department for the fire chief's current recreational-fire rules (fire size, hours, weather conditions).
- Never burn trash, plastics or other solid waste.
Common questions
- Do I need a burn permit for a campfire in Portland, Maine?
- Yes. Portland allows campfires only with a valid burning permit. Details like fire size, hours and wind limits are in the fire chief's rules, which the page didn't have.
- Do I need a permit for a fire pit in Portland, Maine?
- Not for a recreational fire appliance (a manufactured fire pit or chiminea) used per city rules and the manufacturer's instructions. It must be at least 15 feet from structures, combustible material and property lines. Open fire rings don't get this exemption.
- Can I burn brush in Portland, Maine?
- It's unclear. The city's open-burning article doesn't mention brush burning, but state law still requires a permit for brush burning. Ask the Fire Department whether it issues brush permits in the city.
- Can I burn trash in Portland, Maine?
- No. Burning or incinerating solid waste anywhere in the city is prohibited.
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. 10-91, Fire Prevention and Protection (Chapter 10) – Art. VII Open Burning, p. 30
Except for licensed disposal of hazardous or infectious wastes and for the operation of public solid waste disposal facilities designated pursuant to section 12-102, it shall be unlawful for any person to burn or incinerate any solid waste within the City of Portland.
- Sec. 10-92, Fire Prevention and Protection (Chapter 10) – Art. VII Open Burning, p. 30
Camp fires are permitted within the City of Portland with a valid burning permit. All such campfires shall comply with all State laws, this Chapter, and all rules and regulations promulgated pursuant to this Chapter for recreational outdoor fires. Any such burning permit may be cancelled for cause.
- Sec. 10-95(a), Fire Prevention and Protection (Chapter 10) – Art. VII Open Burning, p. 31
(a) No permit shall be required to burn in a fixed outdoor fireplace that has been installed and is operated in accordance with this Chapter, all rules and regulations promulgated pursuant to this Chapter, and National Fire Protection Association 211 (2016); Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances.
- Sec. 10-95(b), Fire Prevention and Protection (Chapter 10) – Art. VII Open Burning, p. 31
(b) No permit shall be required to burn in a recreational fire appliance that is operated in accordance with this Chapter, all rules and regulations promulgated pursuant to this Chapter, and the manufacturer’s instructions. This paragraph shall not apply to the use of an open fire ring.
- Sec. 10-95(c), Fire Prevention and Protection (Chapter 10) – Art. VII Open Burning, p. 31
(c) All outdoor fireplaces and recreational fire appliances allowed under this section must be set back at least fifteen (15) feet from all structures, combustible material, and adjacent property lines.
- Sec. 10-93, Fire Prevention and Protection (Chapter 10) – Art. VII Open Burning, p. 30
The fire chief may promulgate all reasonable rules and regulations to carry out the purposes and provisions hereof. Such rules and regulations shall be in writing and shall take effect no less than thirty (30) days following the date of issuance.
- Sec. 10-94, Fire Prevention and Protection (Chapter 10) – Art. VII Open Burning, p. 31
In addition to the process established by section 10-25, this article may also be enforced by the police chief, or his or her designee.