Title 5. Forests and Parks — Subtitle 7. Fire Hazards; Prevention and Abatement
Statutes in effect as of October 1, 2026.
Md. Code Ann., Nat. Res. § 5-701 (2026)
Title 5. Forests and Parks
Subtitle 7. Fire Hazards; Prevention and Abatement
§ 5–701LinkCopy Citation
(a)
A forest or park warden shall enforce every forest and park law, rule, and regulation of the State and protect State forest reserves, State parks, scenic preserves, parkways, historic monuments, and recreational areas.
(b)
The forest or park warden shall report any violation of law to the Secretary as soon as possible, assist in apprehending and convicting offenders, and make an annual report to the Secretary on forest conditions in the forest or park warden’s immediate neighborhood.
(c)
If any forest or park warden sees a forest fire, or is requested by a fire company to assist with a fire plow or provide incident command expertise at the scene, the forest or park warden shall:
(1)
Go immediately to the fire and employ those persons and means as the forest or park warden deems necessary to extinguish the fire;
(2)
Keep an itemized account of all expenses thus incurred and send the account immediately to the Secretary;
(3)
Control and direct any person and apparatus engaged in extinguishing forest fires;
(4)
Summon inhabitants of the county over the age of 18 years, if able, to assist in extinguishing fires, and also require use of personal property needed for this purpose; and
(5)
Use the members of the Junior Forest Fire Fighters Service between the ages of 14 and 18 years inclusive, either paid or unpaid, provided they have the written consent of their parents or guardians.
(d)
Any person summoned who is physically able, but who refuses or neglects to assist, or allow the use of man power, equipment, or other material required, is liable to a penalty of $10.
(e)
An action for trespass may not lie against a forest or park warden or anyone working under the forest or park warden’s direction, for entering on any person’s land to extinguish a fire, plow furrows, tear down fences, or start a back fire to check a fire that may be approaching.
Md. Code Ann., Nat. Res. § 5-702 (2026)
Title 5. Forests and Parks
Subtitle 7. Fire Hazards; Prevention and Abatement
§ 5–702LinkCopy Citation
Expenses incurred in fighting or extinguishing any fire under the direction of the Secretary or a forest warden are equally borne by the county in which the fire occurred and by the State. The county shall pay them in full upon receipt of an itemized account, with vouchers approved by the Secretary. The State’s share shall be refunded by the Department out of any money standing to the credit of the State Forest and Park Fund, upon presentation of the accounts, together with evidence that the county has paid the sum in full. Nothing in this subtitle relieves the owner or lessee of lands upon which fires may burn, or be started, from the duty of extinguishing the fires so far as may lie within his power. An owner or lessee, or his employee may not receive any compensation from the State or county for fighting fires upon his or his employer’s lands.
Md. Code Ann., Nat. Res. § 5-703 (2026)
Title 5. Forests and Parks
Subtitle 7. Fire Hazards; Prevention and Abatement
§ 5–703LinkCopy Citation
The Secretary shall furnish notices, printed in large letters, calling attention to the dangers of forest fires, and to forest fire and trespass laws, and their penalties. The Secretary shall distribute the notices to forest wardens who shall post them in conspicuous places on State forest reserves and along highways in forest-covered country. It is unlawful for any person to tear down or deface any forest fire warning notice.
Md. Code Ann., Nat. Res. § 5-704 (2026)
Title 5. Forests and Parks
Subtitle 7. Fire Hazards; Prevention and Abatement
§ 5–704LinkCopy Citation
(a)
Any individual or corporation that willfully, maliciously, or with intent, sets on fire, or causes to be set on fire, any woods, brush, grass, grain, or stubble is guilty of a misdemeanor and upon conviction is subject to a fine not less than $250 nor exceeding $2,000, or imprisonment for not less than 30 days nor exceeding five years, or both with costs imposed in the discretion of the court.
(b)
An individual or corporation may not carelessly or negligently set on fire, or cause to be set on fire any woods, brush, grass, grain, or stubble. Setting a fire contrary to the provisions of this subsection is prima facie proof of carelessness or neglect within the meaning of this subsection. The landowner from whose land the fire originated also is liable in a civil action for damages for injury resulting from the fire, and for the cost of fighting and extinguishing the fire, unless the landowner can prove to the satisfaction of the court before which the case is tried that the injury complained of was suffered without any negligence on the part of the owner or the owner’s agents.
(c)
Any person who discovers a forest or brush fire not under the control of some person shall extinguish it or report it to the local fire warden.
(d)
The provisions of this section do not contravene other provisions of law relating to the liability for fires of railroad companies.
Md. Code Ann., Nat. Res. § 5-705 (2026)
Title 5. Forests and Parks
Subtitle 7. Fire Hazards; Prevention and Abatement
§ 5–705LinkCopy Citation
Any person who causes any fire by violating § 5-704(a) or (b) or § 5-712 of this subtitle is liable to the State and county where the fire occurs in an action for debt to the full amount of all expenses incurred by the State or county in fighting and extinguishing the fire.
Md. Code Ann., Nat. Res. § 5-706 (2026)
Title 5. Forests and Parks
Subtitle 7. Fire Hazards; Prevention and Abatement
§ 5–706LinkCopy Citation
The State’s Attorneys of the several counties shall prosecute any violator of Part I of this subtitle.
Md. Code Ann., Nat. Res. § 5-707 (2026)
Title 5. Forests and Parks
Subtitle 7. Fire Hazards; Prevention and Abatement
§ 5–707LinkCopy Citation
(a)
Between October 1 and April 15, every person who operates a railroad in the State shall establish a means to prevent a forest fire along the parts of its tracks adjacent to which the Department finds a fire hazard exists or probably may be caused by failure to take precautions. If the Department believes other precautionary means are insufficient, the person shall clear a safety strip of a width not exceeding 100 feet, as the Department determines, measured horizontally from the outer rail. The safety strip shall be cleared by removing all dead wood, fallen leaves, withered grass, and other flammable material, except fences, buildings, and manufactured products, from the ground embraced within the width prescribed. This subsection does not prevent the person from piling and storing along its right–of–way any materials necessary for construction, maintenance, or operation of its railroad.
(b)
By September 1 of each year, the Department shall notify the person who operates a railroad in the State of the parts of its tracks where a fire hazard exists or probably may be caused to exist by failure to take precautions, or of the necessity for a safety strip.
(c)
Subject to the provisions of subsection (d) of this section, the person may clear the safety strips of flammable material without liability for trespass. However, they may not remove or damage any fence, building, merchantable timber, or living trees as the owner designates without compensating him.
(d)
(1)
The Department shall obtain written permission of the actual owner of any property involved in clearing safety strips for the annual clearing prescribed by the provisions of subsection (a) of this section. The notice requesting written permission shall be made either by registered or certified mail directed to the last known address of the property owner of record, or by personal service on him. (2) If the owner of record is not served by either of these methods, the Department shall publish a notice of the annual clearing by the first day of September of each year at least once in two papers of general circulation in the county where all or a major portion of the property lies. The notice shall quote the provisions of this section. (3) If the owner does not file an objection to the clearing with the Department within 15 days after the mailing, personal service, or publication of notice, the owner shall be deemed to give consent to the clearing, and to entry on his property for this purpose. (4) If the owner refuses his permission, or if he timely files an objection, the Department may serve on him, by personal service or registered or certified mail, a written order for the owner to clear the safety strips within the time prescribed in subsection (a) of this section in the manner the Department directs. Any owner who fails to comply with the order within the prescribed time is liable to the fine provided for in § 5–714 of this subtitle.
Md. Code Ann., Nat. Res. § 5-708 (2026)
Title 5. Forests and Parks
Subtitle 7. Fire Hazards; Prevention and Abatement
§ 5–708LinkCopy Citation
The Department and its authorized agents may enter at their risk, and without liability for trespass, any railroad or other land in order to ascertain conditions relative to enforcement of any provision of Part II of this subtitle.
Md. Code Ann., Nat. Res. § 5-709 (2026)
Title 5. Forests and Parks
Subtitle 7. Fire Hazards; Prevention and Abatement
§ 5–709LinkCopy Citation
Every landowner shall clear the safety strips in accordance with the terms of Part II of this subtitle.
Md. Code Ann., Nat. Res. § 5-710 (2026)
Title 5. Forests and Parks
Subtitle 7. Fire Hazards; Prevention and Abatement
§ 5–710LinkCopy Citation
Any person owning property within 100 feet of the tracks of any railroad operating within the State when the distance is measured horizontally from the outer rail, who cuts or permits cutting trees or other crops on its property shall dispose of every tree top, brush, and other flammable material caused by the cutting so that the flammable material does not remain within 100 feet of the tracks for more than 30 days after cutting.
Md. Code Ann., Nat. Res. § 5-711 (2026)
Title 5. Forests and Parks
Subtitle 7. Fire Hazards; Prevention and Abatement
§ 5–711LinkCopy Citation
Every engine or boiler, operated in, through, or near forest or brush which does not burn oil as fuel, shall be provided with any appliance approved by the Department to prevent escape of fire and sparks. Any person who violates this section is guilty of a misdemeanor and upon conviction in a court of competent jurisdiction is subject to a fine of at least $10 and not exceeding $100.
Md. Code Ann., Nat. Res. § 5-712 (2026)
Title 5. Forests and Parks
Subtitle 7. Fire Hazards; Prevention and Abatement
§ 5–712LinkCopy Citation
Compliance with the provisions of Part II of this subtitle is not a bar to recovery of any damage for which any complying person would or might otherwise be liable.
Md. Code Ann., Nat. Res. § 5-713 (2026)
Title 5. Forests and Parks
Subtitle 7. Fire Hazards; Prevention and Abatement
§ 5–713LinkCopy Citation
Any act or part of an act inconsistent with the provisions of this subtitle is repealed to the extent of the inconsistency.
Md. Code Ann., Nat. Res. § 5-714 (2026)
Title 5. Forests and Parks
Subtitle 7. Fire Hazards; Prevention and Abatement
§ 5–714LinkCopy Citation
Any person who violates any provision of § 5-707, § 5-709, or § 5-710 of this subtitle upon conviction is subject to a fine at the rate of $100 per mile, or any fraction, measured along the tracks for each day the flammable material remains on the ground.
Md. Code Ann., Nat. Res. § 5-720 (2026)
Title 5. Forests and Parks
Subtitle 7. Fire Hazards; Prevention and Abatement
§ 5–720LinkCopy Citation
(a)
(1)
In this section the following words have the meanings indicated.
(2)
“Burning ban” means a complete ban on all open air burning that is declared by the Secretary or the Governor as a result of prolonged or unusual conditions conducive to the easy starting and spread of fire.
(3)
“Open air burning” means a fire where any material is burned in the open or in a receptacle other than a furnace, incinerator, or other equipment connected to a stack or chimney.
(4)
“Public officer” means:
(i)
The authorized agents of the Department; or
(ii)
Any police officer who is authorized to enforce the laws of the State or of a political subdivision of the State.
(b)
(1)
Subject to paragraph (2) of this subsection, a person may not start or allow open air burning in an area in which a burning ban imposed by the Secretary or the Governor is in effect.
(2)
This subsection does not apply to:
(i)
The supervised burning of buildings or solid, liquid, or gaseous fuels conducted under the direct control and supervision of qualified instructors at a training center operated by a fire department; or
(ii)
Any other supervised burning conducted under the direct control and supervision of:
(1)
Qualified fire instructors; or
(2)
In Wicomico County, Worcester County, or Somerset County, a fire chief, captain, or fire line officer of a fire department that has jurisdiction over the area where the supervised burning occurs.
(c)
On reasonable suspicion of open air burning on privately owned property in an area in which a burning ban is in effect, a public officer may enter on the privately owned property of any person to extinguish the fire or to enforce the provisions of this section.