Guidance - The Muirburn Code

About this document 

This version of the Muirburn Code was introduced by section 18 of the Wildlife Management and Muirburn (Scotland) Act 2024. It will take effect from 15 September 2026. Until then, practitioners must continue to follow the 2021 Muirburn Code.

Contents

• Introduction and purpose of the Code
• Muirburn licensing
• Protected species, areas and sensitive areas
• How to carry out muirburn safely
• How to plan muirburn
• Further information
• Annex 1: How to measure peat depths 

Introduction and purpose of the Code

What is muirburn?

The definition of muirburn, set out in section 22 of the Wildlife Management and Muirburn (Scotland) Act 2024, is ‘the setting of fire to, or the burning of, any heath or muir’. Muir is the Scottish word for moor and refers to habitats, which are predominantly open and characterised by heather species and other moorland grasses, for example, purple moor grass. ‘Muir’ in the Scottish context can occur at the summit of our highest Munros and right down to sea level in some areas.

Context of the Code

Moorlands and peatlands are valued for their biodiversity and for their capacity to store carbon and reduce flood risk.  Moorlands have intrinsic value and can help support rural economies and communities. 

We are in a nature and climate emergency. All land management can play a role in helping to address this. This includes managing our moorlands. Moorlands can include substantial areas of sensitive habitat, such as peatland and can provide habitat for ground nesting birds, such as curlew, golden plover and merlin. Moorlands are drained by headwater burns which, if cold and clean, can provide a home for iconic and endangered species such as Atlantic salmon.  Peatlands are valuable carbon stores are important in tackling climate change and when in good condition play a role in flood regulation, water quality and support nationally and internationally important biodiversity.

Status of the Code

The Code was introduced by section 18 of the Wildlife Management and Muirburn (Scotland) Act 2024.  It plays a key role in muirburn licensing. A licence holder and person(s) intending to make muirburn on land to which the licence relates ‘must have regard’ to the Muirburn Code. Failure to do so would be a breach of the licence and could result in prosecution. NatureScot and other public bodies will assess the extent to which the Code has been followed when monitoring licensing compliance. Failure to follow the “should” and “should not” requirements set out in the Code, will be taken into account by NatureScot when assessing whether the licence holder, and any person making muirburn under the licence, has had regard to the Code, as required by section 15(2) of the Wildlife Management and Muirburn (Scotland) Act 2024. The Code includes key statutory requirements relating to muirburn. This is not an exhaustive list of all legislation that may apply to your land. 

This Code applies to all land managers and individuals who are involved in making muirburn. It applies to all land over which muirburn is used as a management tool. It may also be of interest to those who wish to understand more about muirburn.

How do I apply the Code?

The Code categorises 3 types of actions to help you have regard to the Muirburn Code:

1. Statutory requirements which you have to comply with or you risk being prosecuted in court. (These are existing laws.)
2. Actions that you should or should not do. Failure to follow a “should” or “should not” requirement will be considered in assessing whether the necessary regard has been had to the Code.
3. Actions that are best practice are in line with good practice in moorland management.

How will compliance be monitored?

All those who make muirburn must have regard to the Muirburn Code. In considering whether to grant a licence, NatureScot must also have regard to an applicant’s compliance with the Muirburn Code. Compliance monitoring is a key aspect of any licensing approach. Compliance monitoring will consist of:

Desk-top checks 

The licence holder will be required to provide details on how they have complied with the Muirburn Code as a condition of the licence. Desk top checks will assess the information supplied (including details on return data) as well as analysis of satellite imagery to determine whether and how the Muirburn Code has been complied with.

On-site visits 

Visits to the licensed land can be carried out to determine compliance with certain aspects of the Muirburn Code – the triggers for carrying out on-site checks can include follow up to specific, credible complaints, a police investigation or as part of a randomised spot-checking process.

Accreditation schemes 

Compliance monitoring may also be incorporated into approved accreditation schemes which have institutional and multi-stakeholder support, such as 'Wildlife Estate Scotland' (WES).

Muirburn licensing

As of 1 January 2026, all muirburn must be done under licence. The licensing approach to muirburn will be delivered in line with the Scottish regulators’ strategic code of practice and the Principles of Better Regulation, which underpin processes for habitat and environmental management licensing.

Muirburn season

For 2025/2026 the muirburn season will run from 1 October until 31 March. Thereafter the muirburn season will run from 15 September to 31 March.  During the season all the licensable purposes are permissible where a licence is granted. The muirburn season aims to help protect habitats and species and in particular ground nesting birds during their breeding season.

Licensing purposes

Licences to make muirburn can only be granted for a purpose mentioned in s13(2) of the Wildlife Management and Muirburn (Scotland) Act 2024. 

There are 12 licensable purposes, 7 on non-peatland and 5 on peatland as set out in tables 1 and 2 below. 

Non-peatland purposes

Table 1: Non-peatland licensing purposes for muirburn

Non-peatland purpose	Description
Managing the habitats of moorland game or wildlife	This purpose allows the use of muirburn as a tool to maintain and manage habitats to support moorland game such as red grouse or other moorland wildlife.
Improving the grazing potential of moorland for livestock	This purpose allows burning as a tool to help improve moorland plants to support grazing for livestock.
Conserving, restoring, enhancing or managing the natural environment	This purpose allows the use of muirburn as a tool to help achieve benefits to the natural environment through:   conserving: protecting the natural environment from harm or destruction restoring: bringing the natural environment back to its original or former condition, position, or state or assisting the recovery of an ecosystem enhancing: improving the quality, value, or extent of the natural environment managing: taking action to help support the natural environment
Preventing, or reducing the risk of, wildfires causing damage to habitats	This purpose allows the use of muirburn as a tool to prevent or reduce the risk of wildfire to habitats.
Preventing, or reducing the risk of, wildfires causing harm to people or damage to property	This purpose allows the use of muirburn to prevent or reduce the risks of wildfire to property such as forestry or buildings and to people, for example by protecting built up areas, roads or occupied buildings.
Research	This purpose allows the use of muirburn to develop understanding on a specific area/topic within a research project.
Training	This purpose allows the delivery of approved training courses, that teach practitioners how to conduct muirburn safely.

Peatland purposes

The Muirburn Act defines peatland as land where the soil has a layer of peat with a thickness of more than 40 centimetres. (See Annex 1 for details on how to measure the depth of peat). Muirburn on peatland has to be ‘necessary’ for a licence to be granted.

Table 2: Peatland licensing purposes for muirburn

Peatland purpose	Description
Restoring the natural environment	This purpose allows the use of muirburn as a tool to restore natural environments by bringing the natural environment back to its original or former condition or assisting the recovery of an ecosystem.
Preventing, or reducing the risk of, wildfires causing damage to habitats	This purpose allows the use of muirburn as a tool to prevent or reduce the risk of wildfire to habitats.
Preventing, or reducing the risk of, wildfires causing harm to people or damage to property	This purpose allows the use of muirburn to prevent or reduce the risks of wildfire to property such as forestry or buildings and to people, for example by protecting built up areas, roads or occupied buildings.
Research	This purpose allows the use of muirburn to develop understanding on a specific area/topic within a research project.
Training	This purpose allows the delivery of approved training courses, that teach practitioners how to conduct muirburn safely.

Out of season licences

Out of season licences may be granted for conserving, restoring, enhancing or managing the natural environment, preventing or reducing the risk of wildfires causing damage to habitats and property and harm to people and for research. It is not permissible to burn for the management of moorland game or to improve grazing for livestock out of season. 

Protected species, areas and sensitive areas

This section sets out factors to consider when undertaking muirburn to help you avoid causing damage to protected species, protected areas or sensitive areas. 

Protected species 

During the muirburn season upland birds may be nesting on the ground, crags or trees, and protected mammals may have young which are vulnerable to disturbance, which are not mobile and cannot be easily moved by the adult to another place of shelter or protection if their natal den is under threat from fire. 

Reptiles, such as adder, may need time and a safe route to get away from fire and into undisturbed habitat. 

It is best practice to complete the following actions:

1. Survey the area for protected species and habitats prior to burning. This will identify if avoidance action is required, for example, areas within 1km of nesting golden eagles should be avoided, until breeding is complete.
2. Identify if you need a species licence by checking details on the NatureScot species licensing webpages. The kind of actions which may require a species licence include burning within 30m of an otter holt (non-breeding), a badger sett or a pine marten den, within 200m of a wildcat den or otter breeding holt, or within 10m of a water vole burrow, or within habitat used by reptiles or marsh fritillary.

Protected areas

Sensitive areas 

Protecting soils and landforms

Soils need to be protected as they play a crucial role in the delivery of a wide range of ecosystem services, such as food provision, water regulation, and biodiversity. Scotland’s soils hold over 300Mt C which is over 95% of all our terrestrial carbon. The need to protect soils is recognised across a wide range of policy areas and is set out in the 2009 Scottish Soil Framework, the Scottish Climate Adaptation Plan and the Scottish Biodiversity Strategy. Landforms include mountains, slopes, cliff faces and other topographical features.

Steep slopes, exposure to wind and rain, low temperature, and the freeze/thaw process can all have negative impacts on soil stability. These factors can be exacerbated by any damage to and loss of vegetation cover or other physical disturbance. 

Slopes and gullies

You should not:

• burn on slopes steeper than 1 in 1 (>45 degrees)
• burn on slopes greater than 1 in 2 (>27 degrees) unless you have appropriately assessed and mitigated the health and safety risks associated with burning on steep slopes; and given due consideration to safety and the stability of the soils
• burn where vegetation is kept short by high winds (wind clipped) and where burning risks removing vegetation cover and increases the risk of erosion. This includes summits (the highest point of a hill or mountain) or ridges
• burn in gullies – they can act like chimneys, drawing air upwards and increasing fire intensity. A gully can be defined as a deep, narrow ravine with steep sides with a slope greater than 1 in 1 (>45 degrees)
• burn on scree slopes, to avoid damaging lichen and destabilising the scree

When burning on any slope it is best practice to give due consideration to the stability of the soils. 

Protecting peatlands

Peatlands are valuable carbon stores and have many benefits for people and nature.  When in a good or unmodified condition, they are important in tackling climate change and play a role in flood regulation, water quality, and support nationally and internationally important biodiversity.  Further details on how to measure the thickness of peat to identify peatlands for the purposes of muirburn are summarised at Annex 1: How to measure peat depths, including our peat depth measuring guide. 

You should not:

• burn areas which are part of publicly and/or privately funded schemes and agreements such as: agri-environment schemes, rural development contracts, areas restored through Peatland ACTION or management agreements with NatureScot; within the duration specified in that agreement or contract
• burn within 30m of peat hags
• burn within 30m of areas of bare peat, where the bare peat exceeds a continuous area greater than 4 square metres (2m x 2m)

It is best practice not to:

• burn on peatland areas within 30m of an artificial drain (grip). Drains are usually clearly visible as a set of regularly spaced linear features on the ground or from aerial images
• burn within 30m of areas of bare peat

Protecting native woodland

Moorlands and heaths are characterised as open habitats, but they can include areas of native woodlands, trees and shrubs, for example, along river edges or on steep slopes. These features need to be considered when planning and carrying out muirburn. 

Riparian trees and woodlands are adjacent to waterbodies such as streams, rivers and lochs. They are critical to the natural functioning of freshwater ecosystems and form an important habitat providing a wide range of environmental benefits. For example, riverbank woodlands can shade headwater burns draining moorlands, providing refuge for endangered Atlantic salmon.

Woodland, woodland edges and native trees and shrubs

You should not:

• burn native woodland and shrubs including juniper bushes as they are part of an Annex 1 habitat
• burn riparian trees and woodland

It is best practice to leave a protective buffer of at least 10m around native woodland trees and shrubs. 

Other vegetation 

It is best practice not to burn areas where bracken is present in other vegetation as burning is likely to promote bracken expansion – dense stands can be burnt in combination with other measures as part of a restoration strategy. 

Special types of heath 

You should not burn Scottish Liverwort heath, which is mainly found in the west of Scotland – it is a rare habitat, rich in fire-sensitive liverworts. 

Waterbodies (rivers, burns, lochs and lochans) 

Moorlands and heaths often encompass one or more waterbodies. It is important to take them into account when carrying out muirburn. 

Edge of waterbodies 

You should establish buffer zones. Buffer zones are measured from the bank top and extend from either side of the watercourse. Buffer zones are in accordance with SEPA’s recommended riparian corridor as detailed in the table below.

Table 3 - Watercourse fire-free buffer zones

Width of watercourse	2m – 15m	>15m
Size of fire-free buffer zone	15m	30m

Table 5 - Actions prior to burning

Action	Detail
Consult your burning plan	This should identify where, when and how to burn, and the constraints on burning.
Obtain consents and a muirburn licence(s)	Ensure a valid licence is in place. Obtain consents if required from government agencies, to ensure that the proposed muirburn will comply with all relevant legislation.
Inform the landowner and occupiers within 1km of the proposed muirburn site	Notification must be given in writing after the end of the previous muirburn season, but not later than 7 days before starting muirburn. For full details, see the ‘Legal requirements’ section of this code.
Prepare equipment	Preparations should be completed before each burning season, so that burning can take place as soon as conditions are suitable.
People preparations	Identify sufficient people to carry out the muirburn. Consider first aid training and requirements.
Warning notices	If burning is planned close to popular areas for public access, consider preparing warning / interpretation signs.
Liaison with the Scottish Fire & Rescue Service	Inform the appropriate Control Centre.
Emergency plan	Prepare an emergency plan and identify back-up help that can be mobilised by VHF radio (where a network exists) or by mobile phone (check the mobile phone coverage in the area).
Insurance	Check that there is adequate third party and employer’s liability insurance cover in place for burning operations.
Risk assessment	Prepare a Health & Safety Risk Assessment.

On the day of the burn

This section focuses on the day of undertaking the muirburn and the factors and risks which need to be considered. The table below sets out the key actions which should be taken and factors which should be considered. 

Table 6 - Actions on the day of burning

Action	Detail
Fire & Rescue Service	Notify the appropriate Control Centre before and on completion of burning each day.
Warning signs	Erect warning signs if burning close to popular areas for public access.
Weather conditions	Obtain a weather forecast.  Is the weather suitable for burning now and is it expected to change during the day?  What is the wind speed and direction? Has a threat of wildfire been identified through the Fire Danger Rating system? Where there is an extreme fire danger rating, you must be able to justify why you have elected to continue to muirburn.  Is the condition of the vegetation suitable for burning safely? Decide where to burn in the expected weather conditions. If conditions change, re-assess.
Briefing	Carefully brief sufficient people to carry out the planned burning safely. At least 1 person should know the area well.
Risk assessment	Review the risk assessment and confirm it is acceptable to proceed.
Equipment	Make sure all equipment required for safe burning is available and fully serviceable.
Persons making muirburn	Check that all persons making muirburn are properly dressed and equipped. Confirm that extra people are on call to assist, if necessary.
Firebreaks	Prepare firebreaks before lighting fires – the firebreaks to be used or created will depend on the conditions on the day.
Test fire	Choose a safe place for a test fire to check fire behaviour and control methods. Alter methods and review the risk assessment. Only burn if the risks are acceptable.
Welfare	First aid, including burn kits, should be carried, and drinks should be available.

Glossary 

Climate and nature emergency – The Scottish Government declared a climate emergency in April 2019. The Climate Change (Scotland) Act 2009 sets out the legal framework for climate action in Scotland. The risks of increasing global temperatures are far reaching. Alongside the climate emergency there has been a significant decline in nature with large numbers of species increasingly under threat.

Landforms – Landforms are features of the surface of the Earth. They can include mountains, slopes, cliff faces and other topographical features. 

Moorland management – Mountains, moors, hills and heaths cover more than 50% of our land area. They extend from near sea level in the north and west to our highest mountain tops. All these different habitats are managed in various ways for a range of objectives. This can include objectives to achieve woodland targets, for sporting interests, agriculture, peatland restoration and many more.

Muirburn – According to the Wildlife Management & Muirburn (Scotland) Act 2024: 'references to making muirburn include references to the setting of fire to, or the burning of, any heath or muir’.

Net zero targets – Scotland has a target to reach net zero emissions by 2045. More about the Pathway to Net Zero. 

Peatlands – More than 20% of Scotland is covered by peat. There are four main natural peatland habitat types in Scotland: blanket bog, raised bog, fen, and bog woodland.   Peatlands hold most of Scotland’s carbon store (they are estimated to hold the equivalent of 140 years’ worth of Scotland’s total annual greenhouse gas emissions) and so are vital in helping us to tackle climate change. Healthy peatlands provide many benefits to us all. It is estimated that 80% of Scotland's peatlands are damaged. Emissions from peatlands are one of the biggest single sources of greenhouse gas emissions in Scotland. Because so much of Scotland is covered in peatlands and so much of that is damaged, reducing peatland emissions are a particularly important part of efforts to get to net zero in Scotland (in distinction to the rest of the UK).

Wildfire – A wildfire is any uncontrolled vegetation fire. 

Riparian woodland – Woodlands found on the bank of a natural body of freshwater especially a burn or river but can also include lochs.

Riparian zone – The interface between the terrestrial environment and the freshwater habitat, including the land between the riverbank and the lower edge of upland areas not affected by river processes.

Healthy riparian habitats can protect bankside soils from disturbance and carbon release, improve soil structure, improve water storage capacity, thereby reducing direct surface water run-off, erosion and downstream siltation. 

Further references, resources and contacts

• Wildlife Management & Muirburn (Scotland) Act 2024 (legislation.gov.uk)
• Wildlife and Countryside Act 1981 (legislation.gov.uk)
• Nature Conservation (Scotland) Act 2004 (legislation.gov.uk)
• Moorland Management Best Practice Guides (moorlandmanagement.co.uk)
• Scotland’s Peatland Standard
• Forestry and Land Scotland (forestryandland.gov.scot)
• SEPA (sepa.org.uk)
• Recommended Riparian Corridor Layer for use in Land Use Planning (sepa.org.uk)
• Drinking water protected areas - maps (gov.scot)
• NatureScot licensing guidance
• Scottish Fire and Rescue Service – Wildfire Danger Assessments (firescotland.gov.uk)

Annex 1: How to measure peat depths

Identifying areas of peatland and non-peatland is fundamental to applying for a muirburn licence. This is because the licensable purposes are determined by whether an area is or is not peatland. Peatland is defined in Section 22 of the Wildlife Management and Muirburn (Scotland) Act 2024 as ‘land where the soil has a layer of peat with a thickness of more than 40 centimetres’. 

There are 3 key steps to measuring the thickness of peat. 

Step 1

Use our interactive map to check if you need to do a peat depth survey. 

View interactive map

Step 2

To be licensed for a non-peatland purpose, you must carry out 2 types of survey:

1. a walkover of non-peatland areas
2. a full survey of uncertain areas (at 100m intervals) 

If you apply for an uncertain area without survey data, it will be treated as peatland. 

We have published guidance which describes what you need to do and how to record the information. It also explains how to use a peat probe to measure peat depths.

Read NatureScot’s peat depth survey guidance. 

Step 3

Use this information to identify where you want to burn and for what purpose, remembering that there are different licensable purposes depending on whether the area is peatland or non-peatland.