FROSTBURG – Backyard campfires are still legal without a permit under a new Frostburg ordinance that clarifies regulations governing open-air burning in the city.

“What this does is put on the books, the processes that must be followed” to burn in the city limits, Frostburg City Administrator said at the May Council meeting.

While regulations for burning of brush are relatively strict, the backyard camp fire requires a healthy dose of common sense, but no formal city approval.

According to the new ordinance, property owners who wish to burn a “recreational fire” must ensure that the area is clear of nearby vegetation, and that no branches overhang the fire pit. In addition, the property owner is responsible for ensuring adequate supervision of the fire, including equipment or water supplies to douse the flames or prevent them from spreading beyond the fire area. At least one person must remain on site until the fire is completely extinguished.

The policy provides that the Frostburg Volunteer Fire Department and the Frostburg Police Department shall have the authority to order that the fire be extinguished at any time in the event such officials determine that the fire poses a safety hazard, or in response to complaints from neighbors about excessive smoke.

Fire pits or similar structures can be no more than 2 feet in height and 3 feet in diameter. Only charcoal or untreated wood can be burned in recreational fires, with use of gasoline or other accelerants prohibited. However, charcoal grill lighter fluid is allowed.

Bonfires that exceed the dimensions for a regular fire pit shall not be allowed in the city without the written permission of the Frostburg Mayor and City Council.

As for brush fires, any material burned must have originated on the premises where the fire will be located. Prohibited from any such fires is the burning of domestic or commercial waste materials such as paper, cans, plastic or any material that creates dense smoke, including tires, roofing, oil, home furnishings, coated wood etc. 

Only untreated wood and yard waste may be burned for property maintenance.

Brush fires require a natural or constructed “fire break” -- a strip cleared to bare soil – at least 10 feet in width around the entire burning site. Brush fires are limited to the hours of 4 p.m. to midnight. However, if the ground is snow covered, such fires can be burned at any time.

As with recreational fires, the Fire Department and Police Department may order the fire extinguished at any time, including in response to complaints about smoke.

Unlike recreational fires, brush fires require property owners to obtain a permit from the Frostburg Department of Community Development. Prior to applying for the city permit, though, the property owner must first obtain a burning permit from the Allegany County Health Department, which must be provided with the application for the city permit.

An applicant for a city brush-burning permit must provide documentation showing that the location of the proposed burning site and the required fire break have been approved by a line officer of the Frostburg Volunteer Fire Department, who must state so in writing. The documentation shall consist of a sketch showing where the fire and fire break will be located in relation to neighboring structures and other landmarks, such as roads and utility poles.

The fee for a brush burning permit is $10.

Violation of any part of the new open-air burning ordinance is a municipal infraction, with a $100 fine for the first offense and $200 fines for subsequent offenses.

Kirby said the new ordinance was driven by concerns about public health and safety.

“The intent is to protect the citizens of Frostburg,” he said.