Maine § 12 §9321 Criteria for allowable burning

Maine Statutes

§ 12 §9321 — Criteria for allowable burning

Maine·Title 12 CONSERVATION·Part 11 FORESTRY·Ch. 807 FOREST FIRE CONTROL

1.Criteria. In issuing any permit or permission for allowable burning, the director shall consider the following criteria: 1-A. Red flag warning areas. The following provisions govern permits for open burning in geographic areas subject to a red flag warning.

2.Revocation. The director or the director's delegate may revoke any permit during a period of high forest fire danger or any permit that results in creation of a nuisance condition without compliance with the provisions of Title 4, chapter 5 or Title 5, chapter 375. If a geographic area is subject to a red flag warning, the following provisions apply.

3.Delegation. The director may delegate the issuance of permits to forest rangers or town forest fire wardens and their deputies. A town forest fire warden or deputy authorized to is

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1.
Criteria.
In issuing any permit or permission for allowable burning, the director shall consider the following criteria:
1-A.
Red flag warning areas.
The following provisions govern permits for open burning in geographic areas subject to a red flag warning.
2.
Revocation.
The director or the director's delegate may revoke any permit during a period of high forest fire danger or any permit that results in creation of a nuisance condition without compliance with the provisions of Title 4, chapter 5 or Title 5, chapter 375. If a geographic area is subject to a red flag warning, the following provisions apply.
3.
Delegation.
The director may delegate the issuance of permits to forest rangers or town forest fire wardens and their deputies. A town forest fire warden or deputy authorized to issue permits pursuant to this subsection may issue permits using burn permit software acquired from a private party to establish a publicly accessible online system in accordance with section 9327.
4.
Conditions.
The director may issue a permit with stated conditions or restrictions to insure adequate control of permitted fires in accordance with criteria of subsection 1 and conformity to rules of the Department of Environmental Protection.
5.
Stricter requirements.
Nothing in this section shall prohibit a municipality from adopting ordinances specifying stricter criteria for out-of-door fires.
5-A.
Notification.
Any person authorized by this subchapter to issue permits for open burning who issues a permit for out-of-door burning within a municipality shall notify the municipal officers or fire chief of that municipality that the permit has been issued.
6.
Penalty.
Notwithstanding section 9701, any person who engages in out-of-door burning in violation of this article, or who fails to comply with any stated permit condition or restriction, commits a Class E crime. In addition, if the State proves that while in violation that person's out-of-door fire resulted in fire suppression costs to municipal or State Government, the court, as part of any sentence imposed, may order restitution, pursuant to Title 17‑A, chapter 69, to be paid to the government entities incurring the suppression costs. For each violation of this article:

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Legislative History

PL 1979, c. 545, §3 (NEW). PL 1983, c. 504, §§1-3 (AMD). PL 1987, c. 618, §1 (AMD). PL 1989, c. 174, §5 (AMD). PL 1991, c. 36, §§1,2 (AMD). PL 1991, c. 528, §E10 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §E10 (AMD). PL 1997, c. 512, §§1,2 (AMD). PL 1997, c. 672, §§1-3 (AMD). PL 1999, c. 547, §B32 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2001, c. 626, §2 (AMD). PL 2003, c. 556, §1 (AMD). PL 2017, c. 449, §1 (AMD). PL 2019, c. 113, Pt. C, §17 (AMD). PL 2023, c. 56, §§1, 2 (AMD).