Fire Pit Regulations in Massachusetts (MA)
Massachusetts is rated Moderate for fire pit regulations with a strictness score of 45/100. No state-level permit is required for residential fire pits in Massachusetts. Fire pits must be at least 25 feet from any structure. The maximum fire pit diameter is 36 inches. Open burning is allowed with restrictions. Burn bans are seasonal.
Full Fire Pit Regulations Summary for Massachusetts
| Permit Required | No |
| Setback Distance | 25 feet |
| Maximum Diameter | 36 inches |
| Burn Ban Frequency | Seasonal |
| Open Burning Allowed | Yes |
| Strictness Rating | Moderate (45/100) |
| Gas Fire Pits Exempt from Burn Bans | Yes -- gas fire pits typically exempt |
| Typical Fine Range | Fines, liability for suppression costs and possible imprisonment (M.G.L. c. 48 s. 13) |
| Regulatory Authority | Mass. Dept. of Fire Services (527 CMR 1.00) and MassDEP (310 CMR 7.07); local fire departments |
| Effective Date | 2026-10-19 |
Detailed Regulations
Massachusetts treats a fire pit as a cooking or recreational fire - no larger than 3 feet in diameter and 2 feet high - which needs no state permit at a single-family home under the Comprehensive Fire Safety Code (527 CMR 1.00). It must be 25 feet from any structure or combustible material, constantly attended, and burn only clean fuel (no trash, painted or stained wood, or construction debris). MassDEP's air rule 310 CMR 7.07 exempts cooking fires but tightly limits open burning of brush: January 15 - May 1 only, 10 a.m. - 4 p.m., 75 feet from any dwelling, with a local fire department permit - and never in 22 cities and towns including Boston, Cambridge, Worcester, Springfield, Lowell and New Bedford. Towns may restrict wood fire pits (Haverhill allows gas only) and suspend recreational fires on class 4-5 fire-danger days.
Fire Pit Regulations by City in Massachusetts
Fire pit rules can vary by city even within the same state. Even though Massachusetts does not require a state-level permit, some cities may have their own permit requirements. Below are fire pit details for 5 cities in Massachusetts.
| City | Permit | Setback | Details |
|---|---|---|---|
| Boston | No | 25 ft | Open burning of brush is prohibited year-round under 310 CMR 7.07(3)(e). Recreational fires fall under 527 CMR 1.00 (3 ft x 2 ft max, 25 ft from structures, attended); confirm local restrictions with Boston Fire before using a wood unit. |
| Worcester | No | 25 ft | One of the 22 communities where open burning of brush is prohibited under 310 CMR 7.07. Recreational fire rules under 527 CMR 1.00 apply: 3 ft x 2 ft max, 25 ft from structures, constantly attended. |
| Cambridge | No | 25 ft | Open burning prohibited under 310 CMR 7.07(3)(e). Recreational fires are governed by 527 CMR 1.00; dense lots rarely allow the 25 ft clearance, so check with Cambridge Fire before buying a wood-burning pit. |
| Haverhill | No | 25 ft | Recreational burning using wood is not allowed in Haverhill. Outdoor gas-fueled fire pits are allowed under 527 CMR 1.00 if used per the manufacturer's listing, with the manual on hand, by the owner or someone with written permission. |
| Plainville | No | 25 ft | No special permit for recreational or cooking fires at single-family homes; 3 ft x 2 ft max (527 CMR 3.3.77/3.3.215); 25 ft from structures (10.11.4.3); constantly attended; no trash, painted/stained wood or construction debris (10.11.3.2); nuisance smoke can be ordered out. |
Two Different Activities: Recreational Fires vs. Open Burning
Massachusetts residents routinely confuse these, and the confusion is expensive. "Open burning" — the thing with the January-to-May season and the permit — is the disposal of brush. A backyard fire pit is a recreational or cooking fire, which MassDEP's air rule exempts outright: 310 CMR 7.07(2)(b) says the open-burning prohibition does not apply to "open burning conducted primarily for cooking purposes." The fire code picks it up from there.
- The fire code: the Massachusetts Comprehensive Fire Safety Code, 527 CMR 1.00 (NFPA 1 with state amendments), defines a cooking or recreational fire as one no larger than 3 feet in diameter and 2 feet high. Bigger than that and it is no longer a recreational fire — it is open burning, with all the season and permit rules attached.
- No state permit at single-family homes. Fire departments from Plainville to Upton state it the same way: "special permits are not required in the Commonwealth of Massachusetts for the use of outdoor fire pits/fireplaces or cooking and recreational fires" at a single-family dwelling. Multifamily buildings, condos, and rentals are a different story — the property owner's permission and the local fire department's rules control.
- Towns can override. M.G.L. c. 148 and 527 CMR let the local fire chief regulate, limit, or extinguish recreational fires, and some communities go further. Haverhill flatly prohibits recreational burning with wood and allows only listed gas appliances.
The Rules for a Recreational Fire
- 25 feet from any structure or combustible material (527 CMR 1.00 § 10.11.4.3), and anything that could carry fire to within 25 feet of a structure removed before ignition (§ 10.11.4.4).
- Constantly attended by a competent person — departments generally say an adult — until fully out, with a hose or water bucket at hand.
- Clean fuel only: trash, rubbish, painted or stained wood, and construction debris are prohibited (§ 10.11.3.2). Use dry seasoned wood, charcoal, or purpose-made fuel; no accelerants.
- Noncombustible base: set the pit on a flat, noncombustible surface clear of overhead and side exposures — not a wood deck.
- Weather and air: fire departments suspend recreational fires when the state posts fire-danger class 4 or 5 or MassDEP calls poor air quality. Smoke that bothers neighbors is grounds for the department to order the fire out.
Penalties fall under M.G.L. c. 48 § 13: a person who burns illegally can be held liable for the cost of extinguishing the fire, fined, and even imprisoned.
Open Burning Season: January 15 – May 1
If you want to burn brush, the rules are in 310 CMR 7.07(3)(e) and they are strict:
- Only brush, cane, driftwood, and forestry debris — never grass, hay, leaves, or stumps.
- January 15 through May 1, between 10 a.m. and 4 p.m., on land near where the material was generated, more than 75 feet from any dwelling.
- A permit from the local fire department under M.G.L. c. 48 § 13, good for no more than two days from issue — which is why towns make you call or activate online each day. Upton charges $10 for the season; many towns are free.
- Each day's burning depends on MassDEP's air-quality call and the fire chief's judgment on wind and fire danger.
Open burning under this provision is prohibited entirely in Arlington, Belmont, Boston, Brookline, Cambridge, Chelsea, Chicopee, Everett, Fall River, Holyoke, Lawrence, Lowell, Malden, Medford, New Bedford, Newton, Somerville, Springfield, Waltham, Watertown, West Springfield, and Worcester. Those 22 communities still fall under the recreational-fire rules above for fire pits — but their fire departments tend to be the strictest about them.
Sources
- 310 CMR 7.07 — Open Burning (MassDEP regulation as filed with EPA; cooking exemption, Jan 15–May 1 season, 75-foot rule, list of 22 communities)
- Plainville Fire Department — Recreational Fires (527 CMR 1.00 §§ 3.3.77, 3.3.215, 10.11.3.2, 10.11.4.3, 10.11.4.4)
- Upton Fire & EMS — Open Burning and Recreational Fires memo (2026)
- Haverhill Fire Department — wood recreational burning not allowed; gas appliances under 527 CMR 1.00; M.G.L. c. 48 § 13 penalties
- Northampton Fire Rescue — open burning season rules
Regulations and fire department guidance last reviewed October 2026.
How Massachusetts Compares to Other States
Below is a comparison of Massachusetts with five states that have similar fire pit regulation strictness. This comparison helps illustrate where Massachusetts stands nationally.
| State | Strictness | Permit | Setback | Burn Bans | Open Burn |
|---|---|---|---|---|---|
| Massachusetts (MA) | Moderate | No | 25 ft | Seasonal | Yes |
| Connecticut (CT) | Moderate | No | 25 ft | Seasonal | Yes |
| Maine (ME) | Moderate | No | 25 ft | Seasonal | Yes |
| Minnesota (MN) | Moderate | No | 25 ft | Seasonal | Yes |
| Missouri (MO) | Moderate | No | 25 ft | Seasonal | Yes |
| North Carolina (NC) | Moderate | No | 25 ft | Seasonal | Yes |
How to Stay Compliant with Fire Pit Rules in Massachusetts
Following Massachusetts's fire pit regulations protects you from fines, liability, and potential criminal charges. Here is a step-by-step compliance checklist specific to Massachusetts:
- Verify no local permit is needed: While Massachusetts does not require a state-level permit, check with your city or county -- cities like Boston may have local requirements.
- Measure your setback distance: Your fire pit must be at least 25 feet from any structure, fence, property line, or overhanging branches. Measure from the nearest edge of the fire pit to the nearest point of the structure. Consider adding 5 extra feet as a safety buffer.
- Choose the right size: Massachusetts limits fire pits to 36 inches in diameter. Measure the interior burning area, not the outer rim.
- Check burn ban status before every use: Massachusetts has seasonal burn bans. Check your county or state forestry website before using your fire pit, especially during dry months.
- Select appropriate fuel: Wood-burning fire pits are allowed in Massachusetts (when burn bans are not active). Use only clean, dry, untreated firewood. Never burn trash, painted wood, or treated lumber.
- Prepare safety equipment: Keep a fire extinguisher, garden hose, or bucket of water within 10 feet of the fire pit at all times. A spark screen is recommended for wood-burning fire pits.
Gas vs. Wood-Burning Fire Pits in Massachusetts
Your choice between a gas and wood-burning fire pit has significant regulatory implications in Massachusetts. Here is how the two types compare under Massachusetts's current rules:
| Feature | Gas Fire Pit | Wood-Burning Fire Pit |
|---|---|---|
| Permit Required | Usually no | Usually no (permanent installations may) |
| Allowed During Burn Bans | Usually yes (no sparks or embers) | No -- prohibited during all burn bans |
| Air Quality Restrictions | Exempt from no-burn days | Prohibited on no-burn days |
| Setback Distance | 25 ft (same as wood) | 25 ft |
| Smoke & Neighbor Impact | No smoke, no embers, minimal odor | Smoke, sparks, and ash (neighbor complaints common) |
| Best For Massachusetts | Good option for hassle-free use | Allowed with proper compliance |
Frequently Asked Questions About Fire Pits in Massachusetts
Do I need a permit for a fire pit in Massachusetts?
No, Massachusetts does not require a state-level permit for residential fire pits. However, your city or county may have its own permit requirements, especially for permanent, built-in fire pits. Always check with your local fire department.
How far does a fire pit need to be from my house in Massachusetts?
In Massachusetts, fire pits must be at least 25 feet from any structure, including your house, garage, shed, fence, and overhanging trees. This setback also typically applies to property lines. Some local jurisdictions may require greater distances. Always measure from the nearest edge of the fire pit to the nearest point of the structure.
How big can a fire pit be in Massachusetts?
In Massachusetts, the maximum fire pit diameter is 36 inches. This applies to the interior burning area. Fire pits larger than this may require a special permit or variance from your local jurisdiction. The fire should generally not exceed 3 feet in height.
Are there burn bans in Massachusetts?
Burn bans in Massachusetts are seasonal, typically enacted during dry months when wildfire risk is elevated. Check your county's burn ban status before using a fire pit. During an active burn ban, all outdoor fires -- including fire pits -- are typically prohibited.
Can I burn wood in a fire pit in Massachusetts?
Yes, wood-burning fire pits are generally allowed in Massachusetts, subject to setback requirements, burn ban status, and local regulations. Use only clean, dry, untreated firewood. Never burn trash, painted wood, treated lumber, or yard waste in a fire pit. A spark screen is recommended.
What are the penalties for violating fire pit regulations in Massachusetts?
Penalties for violating fire pit regulations or burn bans in Massachusetts vary by jurisdiction but can include fines ranging from $100 to $10,000 or more. If a fire pit causes property damage or a wildfire, the responsible party may be held liable for all suppression costs and damages. In severe cases, criminal charges including arson or reckless endangerment may apply. Always follow all fire pit regulations and check burn ban status before lighting any outdoor fire.
Check Fire Pit Rules for Your City
Use our fire pit regulations lookup tool to find the specific rules for your city in Massachusetts, or browse all 50 states to compare fire pit regulations across the country. Remember that local rules may be more specific than state-level regulations. Always check with your local fire department before installing or using a fire pit.