Close Menu
Berlin, Ocean Pines News Worcester County Bayside Gazette Logo Berlin, Ocean Pines News Worcester County Bayside Gazette

410-723-6397

Berlin considers open burn exception

By Tara Fischer

Staff Writer

(Sept. 17, 2026) Berlin’s outdoor burning policy returned to the council agenda this week as officials try to maintain town safety while acknowledging the needs of large property owners, who require special considerations for disposing of yard and storm debris.

Under a proposed code amendment discussed at Monday night’s Town Council meeting, open burns could be permitted on properties of more than five contiguous acres, provided they meet specific criteria.

The proposed policy revision would limit owners of these large parcels to one open burn per year and require them to notify the Town of Berlin of their intent at least 48 hours in advance. Landowners must also receive approval from the Worcester County Fire Marshal before ignition.

Additionally, the fire must be attended at all times, means of extinguishing the flames must be readily available, and the burn location must be at least 200 feet from any habitable structure. Landowners must also provide alternative dates in case weather conditions on the scheduled day are not conducive to burning.

The Town of Berlin has been working to tighten its outdoor burning ordinance for the past few months. A public hearing on a previous policy draft was held during the Aug. 24 council meeting, which included updated language explicitly prohibiting open burning within municipal limits.

However, residents at the August meeting raised concerns that a blanket ban would unfairly affect owners of large parcels who rely on open burning to clear regular yard waste and natural storm debris.

In response to these considerations, town staff revised the draft to develop a compromise that accommodates these large properties while still strictly limiting open burning.

The updated policy was introduced for a first reading on Monday. The proposed guidelines will allow open burns on tracts of five or more acres, provided landowners follow all necessary safety precautions. Berlin Planning Director Ryan Hardesty added that neighbors will be notified ahead of any approved open burns on nearby properties.

The debate over allowing open burning in a reduced capacity was sparked by resident Ed Hammond, who stated last month that he conducts roughly one open burn annually to maintain his 30-acre property.

“I may be in a relatively unique situation in town where I have an agricultural property…I have 30 acres, and it generates a lot of debris, and I need to get rid of it,” Hammond said in August.

Hammond maintained that his family has safely conducted open burns for years with official approval from Worcester County. He added that while he could theoretically push his yard waste back into the wooded areas instead of burning it, doing so would leave the land vulnerable to invasive species.

Beyond open burns, the Berlin mayor and council addressed other fire ordinance concerns this week, including a previous debate regarding how close cooking grills can be to houses during use.

Hardesty noted Monday night that most residents store their grills against their homes and only pull them out a foot or two to cook, making a strict distance requirement virtually unenforceable. The council ultimately agreed that the fire code should not include a space mandate for cooking devices.

However, bonfires and recreational fire pits will still be required to maintain a safe distance from all structures.

The proposed outdoor burning code will appear on a future council meeting agenda for a public hearing, at which time citizen comments will be heard.