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Burn permits and fire pits in Burlington, Massachusetts

Burlington, Middlesex County · Bylaws checked 2026-10-15 · Reviewed · 9 cited sections

Allowed with a permit

Brush burning is allowed only from January 15 to May 1, with a Burlington Fire Department permit ($25, good for up to two days), between 10 a.m. and 4 p.m., more than 75 feet from any structure, in a pile no bigger than 4 by 4 feet. The Fire Department says chimineas and fire pits for cooking or recreational fires need no permit if kept 25 feet from structures and no more than 3 feet across, but state fire guidance treats non-cooking fires as open burning, so check with the Fire Department before a purely recreational fire.

Burn seasonJanuary 15 to May 1 [1]
Permit fee$25, non-refundable, from the Fire Department [1]
Permit lengthUp to 2 days [9]
Burn hours10:00 AM to 4:00 PM [3]
Distance from structures (brush)More than 75 feet [3]
Max pile size4 ft by 4 ft [4]
Fire pit / chiminea permitNot required per the town Fire Department page (state guidance treats non-cooking fires as open burning) [6]
Fire pit distance from structuresAt least 25 feet [7]
Fire pit max size3 feet in diameter [8]

Brush burning season and permit

The Burlington Fire Department's Open Burning Regulations (2021) allow no open burning before January 15 or after May 1. You need an Open Burning Permit from the Fire Department, with a $25 non-refundable check made out to the Town of Burlington, and the permit is valid for no more than two days [9]. Before lighting, the permit holder must call the Fire Department to confirm the weather allows burning, and burning must happen on a day of good air ventilation as set by MassDEP [2].

What, where and when

  • Brush, cane and forestry debris must be burned near where it was generated, more than 75 feet from any structure (including a house, deck, garage, shed, swing set or fence), between 10:00 AM and 4:00 PM [3].
  • The pile can be no larger than 4 feet by 4 feet, and the material must be dried first [4].
  • Prohibited: grass, leaves, stumps, construction material and tires, plus brush from commercial or industrial clearing [5].
  • The burner must be the property owner named on the permit and over 18. The fire must be attended, a hose or other extinguishing means must be on hand, and a single nuisance complaint invalidates the permit.

Fire pits and chimineas

The Fire Department's guidance says the state and town don't require permits for chimineas or outdoor fire pits used for cooking or recreational fires [6]. State fire guidance, shown separately on this page, says a fire pit used for anything other than cooking falls under the open-burning rules, so a purely recreational fire outside the January 15 to May 1 season may not be covered by the town's "no permit" statement; ask the Fire Department. Either way, chimineas and fire pits must be at least 25 feet from any structure, including a house, deck, shed or fence [7], on a flat non-combustible surface, and no more than 3 feet in diameter [8]. Don't use gasoline or other accelerants, keep the fire attended with a hose ready, and never burn trash or construction debris. A neighbor's smoke complaint brings a Fire Department response and may lead to an order to put the fire out.

The open burning regulation is a scanned 2021 document, so check with the Fire Department for current fees and procedures.

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Next steps

  1. For brush: apply to the Burlington Fire Department (21 Center Street, 781-270-1925) between January 15 and May 1, with a $25 check payable to the Town of Burlington.
  2. On burn day, call the Fire Department before lighting to confirm conditions allow burning.
  3. Burn only dried brush, in a pile no larger than 4 x 4 ft, more than 75 ft from any structure, between 10 AM and 4 PM, with a hose ready; wet down the ashes afterward.
  4. For a fire pit or chiminea: no permit, but keep it 25 ft from the house, deck, shed and fence, on a non-combustible surface, no more than 3 ft across.

Common questions

How do I get a burn permit in Burlington, Massachusetts?
Apply to the Burlington Fire Department between January 15 and May 1 with a $25 non-refundable check payable to the Town of Burlington. The permit is valid for up to two days, and you must call the Fire Department before lighting to confirm conditions allow burning.
When is burning season in Burlington, Massachusetts?
Brush burning is allowed only from January 15 to May 1, between 10 a.m. and 4 p.m., on a day of good air ventilation as set by MassDEP. The regulation is a scanned 2021 document, so check current procedures with the Fire Department.
What are the open burning rules in Burlington, Massachusetts?
Burn only dried brush, cane or forestry debris near where it was generated, more than 75 feet from any structure, in a pile no larger than 4 by 4 feet. Grass, leaves, stumps, construction material and tires are prohibited. The fire must be attended with a hose on hand.
Do I need a permit for a fire pit in Burlington, Massachusetts?
It's unresolved. The Fire Department says chimineas and fire pits for cooking or recreational fires need no permit, but state fire guidance treats non-cooking fires as open burning, so check with the Fire Department before a purely recreational fire. Keep fire pits at least 25 feet from structures and no more than 3 feet across.

Massachusetts open burning and fire pit rules

State regulations (MassDEP, 310 CMR 7.07) and M.G.L. c. 48, §13 control outdoor burning.

Open burning of brush (where allowed):

  • Only January 15 to May 1, between 10:00 a.m. and 4:00 p.m.
  • You need a permit from your local fire department in advance. Fire officials decide each day whether conditions allow burning and can cancel permits.
  • Burn at least 75 feet from any dwelling, and only when air quality allows (MassDEP hotline 800-882-1497).
  • Allowed: brush, cane, driftwood and residential forestry debris, plus some agricultural materials.
  • Not allowed: leaves, grass, hay, stumps, tires, construction debris or household trash.
  • Banned at all times in 22 communities, including Belmont, Brookline and Newton. The others are Arlington, Boston, Cambridge, Chelsea, Chicopee, Everett, Fall River, Holyoke, Lawrence, Lowell, Malden, Medford, New Bedford, Somerville, Springfield, Waltham, Watertown, West Springfield and Worcester.

Fire pits and outdoor cooking: cooking fires are allowed year-round everywhere and aren't covered by open-burning limits. They must be a reasonable size, kept away from combustibles, in a non-flammable enclosure, and tended by someone 18 or older. A fire pit used for anything other than cooking falls under the open-burning rules. Towns may further regulate or ban fire pits and chimineas.

Burning illegally, or letting a fire get out of control, can make you liable for firefighting costs, fines or jail time.

State sources: Department of Fire Services, Open Burning Safety · M.G.L. c. 48, §13 (permission required for open-air fires) · 310 CMR 7.00, Air Pollution Control (includes 7.07 Open Burning)

What the bylaw says

Exact text from Burlington's published bylaws. Section numbers are as printed in the source.

  1. Open Burning Regulations, items 1-3, Burlington Fire Department Open Burning Regulations (2021), p. 1
    1. There will be no open burning prior to January 15th and after May 1st. 2. An Open Burning Permit must be obtained from the Burlington Fire Department. 3. A non-refundable check of $25.00 made out to the Town of Burlington must be submitted with a permit application to the Burlington Fire Department.
  2. Open Burning Regulations, item 8, Burlington Fire Department Open Burning Regulations (2021), p. 1
    8. Open burning must be conducted during periods of good atmospheric ventilation as determined by the MA Department of Environmental Protection (DEP.)
  3. Open Burning Regulations, item 16, Burlington Fire Department Open Burning Regulations (2021), p. 2
    2. At a location greater than 75 feet from any Structure. The term structure includes, but is not limited to, a house, deck or porch, garage, shed, swing set and fence. 3. Between the hours of 10:00 AM and 4:00 PM
  4. Open Burning Regulations, items 17-18, Burlington Fire Department Open Burning Regulations (2021), p. 2
    17. The pile of brush, cane and forestry debris must not exceed 4 feet by 4 feet. 18. The material must be properly dried before burning.
  5. Open Burning Regulations, items 10-11, Burlington Fire Department Open Burning Regulations (2021), p. 1
    10. It is prohibited to burn brush, cane, and forestry debris from commercial and/or industrial clearing operations. 11. It is also prohibited to burn grass, leaves, stumps, construction material and tires.
  6. Use of Chimineas or Fire Pits for Outside Cooking or Recreational Fires, Use of Chimineas or Fire Pits for Outside Cooking or Recreational Fires (Fire Dept page), p. 1
    The Commonwealth of Massachusetts and the Town of Burlington does not require permits for the use of chimineas or outside fire pits for the purpose of cooking or recreational fires.
  7. Use of Chimineas or Fire Pits for Outside Cooking or Recreational Fires, Use of Chimineas or Fire Pits for Outside Cooking or Recreational Fires (Fire Dept page), p. 1
    Chimineas and fire pits shall not be placed within 25 feet of any structure. The term structure includes, but is not limited to, a house, deck or porch, garage, shed, swing set and fence.
  8. Use of Chimineas or Fire Pits for Outside Cooking or Recreational Fires, Use of Chimineas or Fire Pits for Outside Cooking or Recreational Fires (Fire Dept page), p. 1
    Chimineas and fire pits must be small and manageable. No greater than three (3) feet in diameter.
  9. Open Burning Regulations, item 4, Burlington Fire Department Open Burning Regulations (2021), p. 1
    4. Such permit shall not be valid for more than two days from the date of issuance.
This page summarizes Burlington's posted bylaws as of 2026-10-15. Bylaws are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Building Department (Inspector of Buildings / zoning enforcement) (781-270-1615) before you build. Spot an error?