Burn permits and fire pits in Hamilton, Massachusetts
Hamilton's bylaws we reviewed don't have their own open-burning or fire pit rules. Brush burning follows the state rules and needs a burn permit from the Hamilton Fire Department, which the town issues through its online burning permit site.
No local burning bylaw
We searched Hamilton's Zoning By-Law and its general Town By-Laws (compiled May 2024) for open burning, brush fires, fire pits and recreational fires and found no local rules. The only fire-related bylaws cover alarm systems, fire apparatus access and firefighter benefits.
What still applies
State regulations control outdoor burning in Hamilton. In general, brush burning is allowed only during the state's spring burn season, during set daytime hours, with a permit from the local fire department, and only on days the fire department allows it. Leaves, grass, stumps, construction debris and trash can't be burned. Cooking fires are treated differently from open burning, but a fire pit used for anything other than cooking falls under the open-burning rules. See the state rules section for the dates, hours and distance requirements.
Getting a permit
The Hamilton Fire Department issues burn permits through the town's online burning permit site (hamiltonma.gov, Burning Permit page). The fire department can cancel burning on any day when weather or air quality is poor, so check the day's status before lighting a fire.
Wetlands and conservation land
If you plan to clear and burn brush near a wetland, pond or stream, the clearing itself may need Conservation Commission approval under Hamilton's wetlands bylaw.
See how Hamilton compares with 8+ other Massachusetts towns on burn permits & backyard fires →
Next steps
- Apply for a burn permit on the Hamilton Fire Department's online burning permit site before the burn season.
- On the day you plan to burn, confirm with the Fire Department that burning is allowed.
- Burn only brush and similar natural yard debris; never leaves, grass, stumps, construction debris or trash.
- For a backyard fire pit, ask the Fire Department whether recreational fires are allowed and under what conditions.
Common questions
- Do I need a burn permit in Hamilton, Massachusetts?
- Yes. Hamilton has no separate open-burning rules in the bylaws reviewed, so brush burning follows state rules and needs a burn permit from the Hamilton Fire Department, issued through its online burning permit site.
- What can I burn in Hamilton, Massachusetts?
- Only brush and similar natural yard debris; never leaves, grass, stumps, construction debris or trash.
- Can I have a backyard fire pit in Hamilton, Massachusetts?
- The town's bylaws don't address it. Ask the Fire Department whether recreational fires are allowed and under what conditions.
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.