Open Burning : A Regulatory Factsheet

• Complete Prohibition 
• Burning with a Permit
• Burning without a Permit
• Disposal Alternatives

Open burning creates air pollution that can directly affect the health and well being of people who live or work near open burning sites. Air pollution from open burning can cause property damage to nearby residential and commercial property. In addition to smoke and odors, open burning contributes carbon monoxide and nitrogen oxides that contribute to the formation of ground-level ozone (smog).

Open burning of certain materials is not permitted in Montgomery County. Chapter 3 of the Montgomery County Code and Maryland regulations (COMAR 26.11.07) place restrictions on open burning. This factsheet explains these restrictions and provides additional sources for information on this subject.

Open Burning with a Permit

It  is permissible to conduct open burning with a permit issued by the Department of Environmental Protection for certain operations. These include:

• Burning of agricultural debris directly related to the commercial production of livestock, food or fiber on land that is classified as agricultural for tax purposes.
• By state regulation, between June 1 and August 31, agricultural burning is restricted to the burning of excess lodging for the purpose of recropping. (For any type of agricultural burning, one needs to obtain an agricultural burn permit from the Department of Environmental Protection.)
• Bonfires or similar recreational fires, provided there is sufficient separation from adjacent properties and well traveled roadways to avoid the creation of air pollution nuisances (1,500 ft).

It is permissible to conduct open burning without a permit for the following operations, provided that an air pollution nuisance is not created:

• Small recreational fires used by religious or scouting organizations (such as campfires)
• Fires in salamanders or similar devices fired with propane or no. 2 fuel oil at construction sites
• Fires used for outdoor cooking.

• Use available refuse collection services.
• Compost your leaves and yard trimmings.
• Use the services of a licensed refuse hauler
• Haul your materials to the County's Solid Waste Transfer Station. Call the Division of Solid Waste for additional information at 301-840-2370.
• Use the County's brush pick up service. Call 240-777-6400 for details. Brush can also be disposed of at the County's Waste Transfer Station and at the Damascus and Poolesville Depots.

• Damascus: 301.253.1599
• Poolesville: 301.972.7829

Contact DEP at 240.777.7770 or email
255 Rockville Pike
Suite 120
Rockville, MD 20850