Burn permits and fire pits in Windham, Maine
Windham requires a permit for all open burning, such as brush piles. Small recreational fires (3 ft across or 3 ft high or less) don't need a town permit, though state law may still require a burn permit for a campfire when the ground isn't snow-covered. Outdoor fireplaces must be at least 25 feet from structures, and every fire must be attended by an adult with a hose or extinguisher ready.
| Permit required | Yes, for all open burning except recreational fires [1] |
| Recreational fire (local definition) | Fuel area 3 ft or less in diameter or 3 ft or less in height; no trash [2] |
| Recreational fire permit | Not required by the town (can be ordered out if a nuisance or hazard) [3] |
| Outdoor fireplace distance | At least 25 feet from a structure [4] |
| Attendance | Constantly attended by a competent adult with a garden hose or extinguisher [5] |
| State burn bans | Town automatically denies permits when the state says burning is unsafe [6] |
Permits
Windham's Fire Prevention and Life Safety Code (Chapter 70, §70-8) requires a permit for all open burning, with an exception for recreational fires [1]. The Fire-Rescue Chief, or the Chief's designee, is the authority that issues or denies permits, and can deny one to protect public safety. When the Maine Forest Service decides burning is unsafe, the town automatically denies permits for that period [6]. The chapter's Appendix A maps areas where open burning is restricted. That map wasn't in the text we reviewed.
Fire pits and recreational fires
A "recreational fire" is an outdoor fire for pleasure, cooking or warmth that burns no trash or waste and has a fuel area of 3 ft or less in diameter or 3 ft or less in height [2]. Windham doesn't require its open-burning permit for these, but the Fire Chief can order one put out if it becomes a nuisance or hazard and can bill the owner for putting it out [3]. State law may still require a burn permit for some campfires, depending on size and ground conditions. Check the state rules shown separately on this page before relying on the local exemption.
Outdoor fireplaces can't be within 25 feet of a structure, or within 25 feet of combustible materials unless the fireplace is an approved, listed appliance [4]. Grills, barbecues, outdoor fireplaces and barrels may not be used to burn trash.
Conditions and materials
Every fire must be constantly attended by a competent adult with a garden hose connected to water, or other extinguishing equipment, close at hand [5]. The chapter repeats the statewide ban on burning plastic, rubber, Styrofoam, metals, food waste, chemicals, treated wood and other solid waste except wood waste. Violations are enforced under 30-A M.R.S.A. §4452.
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Next steps
- Before burning brush, get a burn permit through Windham Fire-Rescue or the state online burn permit system, and check the day's fire danger.
- Keep fire pits and outdoor fireplaces at least 25 feet from buildings, and keep the fire within 3 ft by 3 ft.
- Have a competent adult and a connected garden hose or extinguisher at the fire the whole time.
- Ask Windham Fire-Rescue whether your property is in an Appendix A restricted-burning area.
Common questions
- Do I need a burn permit in Windham, Maine?
- Yes, for all open burning such as brush piles, except recreational fires. The Fire-Rescue Chief or designee issues or denies permits, and the town automatically denies permits when the state says burning is unsafe.
- Do I need a permit for a fire pit in Windham, Maine?
- Not from the town for a small recreational fire, with a fuel area of 3 ft or less in diameter or in height and no trash. State law may still require a burn permit for some campfires, so check the state rules.
- How far does an outdoor fireplace have to be from my house in Windham, Maine?
- At least 25 feet from a structure. It also can't be within 25 feet of combustible materials unless it is an approved, listed appliance.
- Can I leave a fire unattended in Windham, Maine?
- No. Every fire must be constantly attended by a competent adult with a garden hose or other extinguishing equipment close at hand.
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
- §70-8A, Open burning, Fire Prevention and Life Safety (Chapter 70), p. 1
A permit shall be required for all open burning, except as allowed under § 70-8E
- Ch. 70 Definitions, Recreational fire, Fire Prevention and Life Safety (Chapter 70), p. 1
An outdoor fire burning materials other than rubbish, trash, or other waste materials, where the fuel being burned is not contained in an incinerator, outdoor fireplace or barbecue pit or barrel and has a total fuel area of three feet or less in diameter or three feet or less in height and is prepared for pleasure, recreating, cooking, warmth, or similar purposes.
- §70-8E(1), Fire Prevention and Life Safety (Chapter 70), p. 1
Open burning permits are not required for recreational fires; provided, however, that if the recreational fire creates a nuisance, health or fire hazard, the recreational fire shall be extinguished upon order of the AHJ,
- §70-8D, Fire Prevention and Life Safety (Chapter 70), p. 1
Outdoor fireplaces shall not be located: (1) Within 25 feet of a structure.
- §70-8E(3), Fire Prevention and Life Safety (Chapter 70), p. 1
All fires shall be constantly attended by a competent adult who shall have a garden hose connected to a water supply, or other fire extinguishing equipment, readily available for use.
- §70-8C, Fire Prevention and Life Safety (Chapter 70), p. 1
If the State of Maine determines that burning is unsafe for any period of time, the AHJ will automatically deny burning permits for that time period.