LINCOLN – Town Administrator Philip Gould says the town has updated its outdoor burning ordinance, establishing clearer and more consistent regulations for recreational fire pits and permitted open burning throughout the community.
The changes, he said, were prompted by new state legislation regarding outdoor burning permits, which provided the town with an opportunity to review and modernize its existing ordinance. Recognizing that the previous regulations contained outdated language and areas of ambiguity, the town assembled a working group consisting of Town Councilors TJ Russo and Ken Pichette, Fire Chiefs Tim Walsh and Robert Fisher, and Gould.
The group worked together to develop regulations that prioritize public safety, establish consistent enforcement standards across Lincoln’s fire districts, and provide residents with clear guidance.
“As a former police officer who worked closely with our fire departments throughout my career, I recognized the need for greater consistency in how we regulate and respond to outdoor burning,” said Gould in a statement. “With multiple fire districts serving our community, it was important that everyone operate under the same clearly defined standards. Our previous ordinance left too much room for interpretation, particularly when addressing recreational fire pits and responding to complaints.”
Gould emphasized that the goal was not to discourage residents from enjoying their backyards but to establish reasonable safety standards that protect residents and their neighbors.
“We understand that backyard fire pits are something many of our residents enjoy, and we certainly want people to continue enjoying them,” he said. “At the same time, we have a responsibility to establish reasonable guidelines that protect public safety, respect neighboring properties, and give our fire departments the tools they need to address legitimate concerns.”
He said the ordinance is somewhat less restrictive than those in some other communities, saying there was some reluctance on the part of some to do anything, but he felt there needed to be a baseline to regulate fires in some way.
For years, said Gould, all people had to do was show that they were cooking to have a fire, and the classic strategy is to put a rock in tinfoil and claim it’s a baked potato. Different fire districts have varying rules and different enforcement, he said, so they negotiated with the departments on language and rules everyone could be comfortable with.
“We needed guidance,” he said, adding that so many people now have fire pits, so basic rules make sense.
Key provisions of the updated ordinance on recreational fire pits
The ordinance establishes uniform standards for recreational fires, including:
- Recreational burning is permitted between 6 a.m. and 11 p.m.
- Fire pits and campfires are limited to a maximum burning area of 9 square feet.
- Recreational burning must take place at least 10 feet from property lines, with an exception for certain previously constructed permanent installations.
- Only approved fuels, including clean, dry wood, seasoned logs, wood pellets, charcoal, propane and natural gas, may be used.
- Fire departments have clear authority to address fires that create unsafe conditions or constitute a nuisance to neighboring properties.
Open burning and yard debris
The ordinance also establishes a clearly defined permitting process for residents wishing to burn eligible yard debris.
- Permit applications are available through the town’s website and are subject to Fire Department approval.
- Permitted burning is restricted to 8 a.m. through 4 p.m. and is prohibited from Sept. 1 through Dec. 31. The no-burn timeframe was established as this is generally when ground cover can be very dry and susceptible to fires getting out of control. Weather permitting exceptions can be made with the approval of the district fire chief.
- Only brush and tree limbs originating from the permit holder’s property may be burned. Leaves, trash, construction debris and other prohibited materials are not permitted.
- Burning areas are limited to five feet in height and five feet in width and must be located at least 50 feet from structures and property lines.
- Adult supervision and an adequate water supply are required at all times.
- Seasonal permits may be issued for properties measuring at least 40,000 square feet.
All outdoor burning is prohibited on Red Flag days or during periods of high winds as determined by the appropriate authorities.
Consistent enforcement across fire districts
An important component of the updated ordinance is the establishment of uniform enforcement standards throughout Lincoln, said officials.
Under the new regulations, fire departments have primary enforcement authority for fire-related violations, while the Police Department retains authority to issue citations and take additional enforcement action when necessary.
The ordinance also establishes a graduated penalty structure, beginning with a warning for a first offense, a $250 fine for a second offense, and penalties of up to $500, 10 days in jail, or both for subsequent offenses.
Gould thanked Russo and Pichette, along with Walsh and Fisher, for the considerable time and effort they dedicated to this process.
”This was a collaborative effort that brought together different perspectives and practical experience. The result is an ordinance that provides clarity for our residents, consistency for our fire departments, and a stronger framework for public safety,” he said.
Residents are encouraged to familiarize themselves with the updated regulations before using recreational fire pits or conducting permitted outdoor burning.
Permit applications and additional information are available through the town’s website at www.lincolnri.gov.
