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§ 5-720. Open air burning restrictions

West's Annotated Code of MarylandNatural ResourcesEffective: June 1, 2007

West's Annotated Code of Maryland
Natural Resources
Title 5. Forests and Parks (Refs & Annos)
Subtitle 7. Fire Hazards; Prevention and Abatement (Refs & Annos)
Part III. Forest Fire Prevention
Effective: June 1, 2007
MD Code, Natural Resources, § 5-720
§ 5-720. Open air burning restrictions
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Burning ban” means a complete ban on all open air burning that is declared by the Secretary or the Governor as a result of prolonged or unusual conditions conducive to the easy starting and spread of fire.
(3) “Open air burning” means a fire where any material is burned in the open or in a receptacle other than a furnace, incinerator, or other equipment connected to a stack or chimney.
(4) “Public officer” means:
(i) The authorized agents of the Department; or
(ii) Any police officer who is authorized to enforce the laws of the State or of a political subdivision of the State.
Open air burning bans
(b)(1) Subject to paragraph (2) of this subsection, a person may not start or allow open air burning in an area in which a burning ban imposed by the Secretary or the Governor is in effect.
(2) This subsection does not apply to:
(i) The supervised burning of buildings or solid, liquid, or gaseous fuels conducted under the direct control and supervision of qualified instructors at a training center operated by a fire department; or
(ii) Any other supervised burning conducted under the direct control and supervision of:
1. Qualified fire instructors; or
2. In Wicomico County, Worcester County, or Somerset County, a fire chief, captain, or fire line officer of a fire department that has jurisdiction over the area where the supervised burning occurs.
Open air burning on privately owned property
(c) On reasonable suspicion of open air burning on privately owned property in an area in which a burning ban is in effect, a public officer may enter on the privately owned property of any person to extinguish the fire or to enforce the provisions of this section.

Credits

Added by Acts 1989, c. 801. Amended by Acts 2007, c. 137, § 1, eff. June 1, 2007.
MD Code, Natural Resources, § 5-720, MD NAT RES § 5-720
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document