Is Open Burning Legal in Maryland After the 2026 Law Changes?

No. Open burning in Maryland is heavily restricted under state and local air quality laws, with exceptions for agricultural and certain controlled burns. The Maryland Department of the Environment (MDE) enforces these rules, and violations carry penalties up to $10,000 per day. Local jurisdictions, such as Baltimore County or Montgomery County, may impose additional prohibitions, including a 2026 phased ban on residential leaf burning in some areas.

Key Regulations for Open Burning in Maryland

  • Permit Requirements: Open burning requires prior approval from the MDE or local authorities, except for small, short-lived fires for warmth or cooking. Agricultural burns must comply with MDE’s Agricultural Burning Guidelines, which limit timing and fuel types.
  • Prohibited Materials: Burning household trash, construction debris, or yard waste is illegal statewide. The MDE explicitly bans the incineration of plastics, treated wood, and other synthetic materials due to toxic emissions.
  • Seasonal and Location Restrictions: Burning is typically prohibited during air quality alerts or high-wind conditions. Some counties, like Prince George’s, enforce year-round bans on residential burning, while others restrict it to specific seasons.

Local fire departments and the MDE’s Air Quality Control Program conduct inspections to enforce compliance. Violators face fines, and repeat offenses may trigger criminal charges under the Maryland Clean Air Act. Residents should consult the MDE’s Open Burning Portal for jurisdiction-specific rules before initiating any burn.