Balloon releases are often meant to honor someone or mark a milestone. But when the balloons drift away from a graveside, vigil or backyard celebration, they also break Maryland law.
The state has banned intentional balloon releases since Oct. 1, 2021. The law applies to birthdays, graduations, memorials and celebrations of life. Under the law, a person may not knowingly and intentionally release or cause a balloon to be released into the atmosphere. It also prohibits organizing or participating in a mass balloon release.
State environmental officials continue to remind residents of the ban, which has been in effect for nearly five years.
What the Law Says - The ban applies to a person who is at least 13 years old, or an organization, which means children who accidentally let go of a balloon at a party are not the target. The term “mass balloon release” means an event where a person or persons knowingly and intentionally releases or causes 10 or more balloons to be released into the atmosphere.
The measure was passed as Senate Bill 716/House Bill 391 (2021 Md. Laws Ch. 610), creating § 9-2301 of the Environment Article, Annotated Code of Maryland. Residents can read the full text of the law through the Maryland General Assembly. Governor Hogan did not sign the bill, so it went into law on May 30, 2021.
According to the Maryland Department of the Environment, a person who releases a balloon into the atmosphere is in violation of state law and may be required to perform six (6) hours of community service or watch an educational video on environmental damage caused by human pollution, or both. For larger gatherings the stakes are higher — persons convicted of participating in a mass balloon release can be punished by a fine of up to $100. Each act of releasing or organizing the release of a balloon or group of balloons constitutes a separate violation.
MDE enforces the statute, though MDE may delegate its authority to another enforcement unit, officer, or official of a county, a municipality or local government.
Why It Matters for the Chesapeake Bay
For a region surrounded by the Chesapeake Bay and the Patuxent and Potomac rivers, the reasoning behind the law hits close to home. When balloons cease to float in the atmosphere, they come down on land, creating litter that can be harmful to wildlife through entanglement with the balloon strings.
The risk extends into the water as well. MDE notes that balloons that land in water can cause serious threats to marine life such as Diamondback Terrapins (Maryland’s state reptile) and other sea turtles, who mistake the half-deflated balloons for jellyfish, which are their primary food source. Shorebirds face similar dangers, and over time the balloons and strings can break down into tiny pieces, contributing to “microplastic” pollution that can end up in fish and other organisms.Maryland Dept. Of The Environment
Balloons marketed as eco-friendly aren’t a workaround either. Some balloons are labeled “biodegradable,” but they still take several months to decay and can be harmful to animals, and the environment. The National Aquarium also points out that foil balloons on power lines have caused widespread power outages — a concern for any community that has sat through a summer storm outage.
When the ban took effect, then-Maryland Department of Natural Resources Secretary Jeannie Haddaway-Riccio encouraged residents to rethink the tradition. “The key is to find other ways to celebrate or honor a loved one,” she said, adding that anyone with balloons should pop them and throw them in the trash instead.
Not every balloon launch is prohibited. The state law does not apply to a balloon that is released for meteorological or scientific purposes: (1) on behalf an agency of the State or the United States; (2) in accordance with a contract with the State, the United States, or any other State; or (3) by an institution of higher education conducting research. Also exempt are a balloon that is: (4) attached to a radio tracking device and released by a person who holds an amateur operator license issued by the United States Federal Communications Commission; (5) a hot air balloon that is recovered after launch; or (6) the negligent or unintentional release of a balloon.
When I find balloons on the beach, I pick them up and take them to the trash. However, I have to admit, I haven't found many lately, maybe none this year. Is the ban working?
The Wombat has Rule 5 Sunday: A Salute to Mrs. Justin Verlander up and awaiting your digital pleasure.
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