Berlin council debates allowing recreational fire pits, seeks clearer code language

Planning staff told the council that the town code's "outdoor burning" language—"except by special permit from the director of the planning and zoning department, no outside or open fires or burns of any kind shall be permitted"—could be read to prohibit fire pits unless a permit is issued. Staff reported a comparative review of about 20 Maryland municipalities: roughly 43% of those municipalities do not permit fire pits, 33% allow them without a permit, and 24% allow them with a permit and restrictions.

Council members and staff described how the issue arose after a resident received a citation following an open burn in a chiminea. One council speaker said residents had contacted them about citations and enforcement. "We're not talking s'mores in the backyard with your family. We're talking about burning debris," an unidentified speaker said while urging clearer definitions.

Participants agreed the town needs clearer definitions that distinguish recreational fire pits (small, contained units used for social or cooking purposes) from open burning of yard debris. Council members discussed permitting discretion for the planning director and suggested standards for maximum pit size, allowable materials to burn, setbacks from buildings and property lines, and coordination with the fire marshal and the Roman Fire Company for safety and enforcement. Several council members favored allowing nonpermitted recreational fire pits with explicit size and material limits and reserving permits for larger or atypical burns. Staff and council agreed to draft specific code language and return to the council for further review.