<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 08.07.04.03" title_num="08" subtitle_num="07" chapter_num="04" heading="Open Air Burning.">
  <paragraph num="A.">
    <text>A person may not engage in open air burning except under the following conditions:</text>
    <paragraph num="(1)">
      <text>There is a natural or constructed fire break at least 10 feet wide completely around the material to be burned that is free of flammable materials;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Adequate personnel and equipment are present to prevent the fire from escaping;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>At least one responsible person remains at the location of the fire until the last spark is out; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Burning occurs between the hours of 4 p.m. and 12 midnight, except that when the ground is covered with snow the burning may occur at any time so long as all other requirements are met.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A person may engage in open air burning, or prescribed burning, which does not comply with §A of this regulation, if the person has submitted a plan for that burning to the Department for review and the Department has issued a permit for that burning. The Director may require conditions in the permit which are more stringent or less stringent than the requirements in §A of this regulation.</text>
  </paragraph>
  <paragraph num="C.">
    <text>In addition to the conditions and requirements in A and B of this regulation, a person engaged in open air burning or prescribed burning shall comply with all other requirements of State and local authorities having jurisdiction.</text>
  </paragraph>
</regulation>