310 CMR 7.07 U Open Burning

• Library: Code of Massachusetts Regulations
• Edition: 2020
• Currency: Current through Register Vol. 1433, December 25, 2020
• Citation: 310 CMR 7.07
• Year: 2020

(1) No person shall cause, suffer, allow or permit the open burning of any combustible material.

(2)310 CMR 7.07(1) shall not apply to:

(a) open burning for the purpose of combating or backfiring an existing fire by persons affiliated with an official fire fighting agency;

(b) open burning conducted primarily for cooking purposes, or

(c) open burning related to the operation of devices such as blowtorches and welding torches, for which no alternative source of heat can be used, provided that such devices do not cause a condition of air pollution.

(3) Except during periods of adverse meteorological conditions as may be determined by the Department when direct or public notice thereof has been made by the Department through the news media, 310 CMR 7.07(1) shall not apply to open burning conducted for:

(a) training or research in fire protection or prevention with specific approval by the Department;

(b) activities associated with the normal pursuit of agriculture which have been determined by the Department as necessary and which include but are not limited to, open burning of blueberry patches for pruning purposes, dead raspberry stalks, fruit tree prunings, and infected beehives for disease control;

(c) open burning of brush and trees resulting from agricultural land clearing operations;

(d) the disposal of fungus-infected elm wood provided that no suitable alternative method of disposal is available;

(e) the disposal of brash, cane, driftwood, and forestry debris excluding grass, hay, leaves, and stumps from January 15th to May 1st of each year. All such open burning shall be conducted:1. on land proximate to the place of generation, 2. at a location greater than 75 feet from any dwelling, and 3. between ten o'clock A.M. and four o'clock P.M. No such open burning shall apply to commercial or institutional land clearing for non-agricultural purposes. Open burning under 310 CMR 7.07(3)(e) shall not be permitted in the Cities and Towns of Arlington, Belmont, Boston, Brookline, Cambridge Chelsea, Chicopee, Everett, Fall River, Holyoke, Lawrence, Lowell, Maiden Medford, New Bedford, Newton, Somerville, Springfield, Waltham, Watertown, West Springfield, and Worcester, or where the Department has notified a city or town that:1. open...