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Burn permits and fire pits in Swampscott, Massachusetts

Swampscott, Essex County · Bylaws checked 2026-10-03 · Reviewed · 6 cited sections

Allowed with a permit

Brush burning in Swampscott needs a seasonal Open Burning permit from the Fire Department ($5 per season). Burning is allowed only from January 15 to May 1, between 10 a.m. and 4 p.m., at least 75 feet from all buildings, and only on days the fire officials allow. Leaves, grass, stumps and construction debris can never be burned.

PermitOpen Burning (Seasonal) permit from the Fire Department [1]
Permit fee$5 per season [1]
Season and hoursJanuary 15 to May 1, 10 a.m. to 4 p.m. [2]
Distance from buildingsAt least 75 feet [2]
Allowed materialsBrush, cane, driftwood and non-commercial forestry debris [4]
Prohibited materialsGrass, hay, leaves, stumps, tires, construction debris [5]

Getting a permit

Swampscott's Fire Department issues an Open Burning (Seasonal) permit for $5 per season [1]. The fire officials decide each day whether it's safe to burn, and a permit can be pulled if conditions change suddenly [3]. Check that air quality allows burning before you light, using the MassDEP air quality hotline or website listed on the Fire Department's handout.

When and where

Under the state rules on the town's handout (a State Fire Marshal sheet from about 2016), open burning must be at least 75 feet from all buildings, take place between 10 a.m. and 4 p.m. from January 15 to May 1, and happen on the land closest to where the material came from [2]. Pick a spot away from utility lines, burn one small pile at a time, and never start the fire with gasoline or kerosene.

What you can and can't burn

Allowed: brush, cane, driftwood and forestry debris that isn't from commercial or industrial land clearing, plus some agricultural material such as fruit-tree prunings [4]. Not allowed: grass, hay, leaves, stumps, tires, and construction material or debris [5].

Tending the fire

An adult must stay with the fire until it is completely out, with a hose, shovels and rakes on hand. People who burn illegally or let a fire get out of control can be charged for the cost of putting it out, plus fines or jail [6].

Fire pits

The Swampscott sources we reviewed don't address backyard fire pits or recreational fires. State guidance on cooking and recreational fires applies (see the state section); call the Fire Department before using a fire pit.

See how Swampscott compares with 8+ other Massachusetts towns on burn permits & backyard fires →

Next steps

  1. Contact the Swampscott Fire Department (see the town website) to get the $5 seasonal Open Burning permit before the season starts.
  2. On the day you plan to burn, confirm with the Fire Department that burning is allowed and check MassDEP air quality.
  3. Burn only brush or driftwood, 75+ feet from buildings, between 10 a.m. and 4 p.m., Jan 15 to May 1, with water and tools on hand.

Common questions

Can I burn brush in Swampscott, Massachusetts?
Yes, with a seasonal Open Burning permit from the Fire Department, $5 per season. Burning is allowed only from January 15 to May 1, between 10 a.m. and 4 p.m., and only on days fire officials allow.
How far from buildings must a brush fire be in Swampscott, Massachusetts?
At least 75 feet from all buildings.
What can I burn in Swampscott, Massachusetts?
Brush, cane, driftwood and non-commercial forestry debris. Grass, hay, leaves, stumps, tires and construction debris can never be burned.
How much is a burn permit in Swampscott, Massachusetts?
$5 per season, from the Fire Department.

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 Swampscott's published bylaws. Section numbers are as printed in the source.

  1. Permit Types and Fees, Fire Department - Permit Types and Fees (Open Burning seasonal permit), p. 1
    Open Burning (Seasonal) $5 Per season
  2. Permits Are Required, Safety Tips for Open Burning Season - Permits are Required (State Fire Marshal Fire Factors sheet), p. 1
    According to Department of Environmental Protection regulation (310 CMR DEP 7.07), open burning must: be a minimum of 75 feet from all buildings; be conducted between 10 a.m. and 4 p.m. from January 15 to May 1; and take place on the land closest to the source of material to be burned.
  3. Permits Are Required, Safety Tips for Open Burning Season - Permits are Required (State Fire Marshal Fire Factors sheet), p. 1
    Get a permit from the local fire warden or fire chief. Fire wardens determine when it is safe to conduct open burning on a daily basis.
  4. Only Certain Materials Can Be Burned, Safety Tips for Open Burning Season - Permits are Required (State Fire Marshal Fire Factors sheet), p. 1
    Brush, cane, driftwood, and forestry debris from other than commercial or industrial land clearing operations.
  5. Burning Leaves and Other Materials Is Prohibited, Safety Tips for Open Burning Season - Permits are Required (State Fire Marshal Fire Factors sheet), p. 1
    Grass, hay, leaves, stumps, and tires. • Construction material and debris.
  6. Call For Help Immediately, Safety Tips for Open Burning Season - Permits are Required (State Fire Marshal Fire Factors sheet), p. 2
    People conducting illegal burning, or who allow a fire to get out of control, may be held liable for the costs of extinguishing the fire in addition to fines or imprisonment (M.G.L. c.48, s.13).
This page summarizes Swampscott's posted bylaws as of 2026-10-03. Bylaws are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Building Department (Building Commissioner; enforces State Building Code and Zoning By-Laws), Town Hall, 22 Monument Avenue (781-596-8857) before you build. Spot an error?