§ 113-60.21. Purpose and findings.
The purpose of this Article is to regulate certain open
burning in order to protect the public from the hazards of
forest fires and air pollution and to adapt such regulation to
the needs and circumstances of the different areas of North
Carolina. The General Assembly finds that open burning in
proximity to woodlands must be regulated in all counties to
protect against forest fires and air pollution. The General
Assembly further finds that in certain counties a high
percentage of the land area contains organic soils or forest
types which may pose greater problems of forest fire and air
pollution controls, and that in counties in which a great amount
of land-clearing operations is taking place on these organic
soils or these forest types, additional control of open burning
is required. The counties subject to the need for additional
control are classified as high hazard counties for purpose of
this Article. (1981, c. 1100, s. 2; 1981 (Reg. Sess., 1982), c.
1385, s. 1.)


§ 113-60.22. Definitions.
As used in this Article:
(1) "Department" means the Department of Environment
and Natural Resources.
(2) "Forest ranger" means the county forest ranger or
deputy forest ranger designated under G.S. 113-52.
(3) "Person" means any individual, firm, partnership,
corporation, association, public or private
institution, political subdivision, or government
agency.
(4) "Woodland" means woodland as defined in G.S.
113-57. (1981, c. 1100, s. 2; 1989, c. 727, s.
218(53); 1991 (Reg. Sess., 1992), c. 890, s. 3;
1997-443, s. 11A.119(a).)


§ 113-60.23. High hazard counties; permits required;
standards.
(a) The provisions of this section apply only to the
counties of Beaufort, Bladen, Camden, Carteret, Chowan, Craven,
Currituck, Dare, Duplin, Gates, Hyde, Jones, Onslow, Pamlico,
Pasquotank, Perquimans, Tyrrell, and Washington which are
classified as high hazard counties in accordance with G.S.
113-60.21.
(b) It is unlawful for any person to willfully start or cause
to be started any fire in any woodland under the protection of
the Department or within 500 feet of any such woodland without
first having obtained a permit from the Department. Permits for
starting fires may be obtained from forest rangers or other
agents authorized by the county forest ranger to issue such
permits in the county in which the fire is to be started. Such
permits shall be issued by the ranger or other agent unless
permits for the area in question have been prohibited or
cancelled in accordance with G.S. 113-60.25 or 113-60.27.
(c) It is unlawful for any person to willfully burn any
debris, stumps, brush or other flammable materials resulting
from ground clearing activities and involving more than five
contiguous acres, regardless of the proximity of the burning to
woodland and on which such materials are placed in piles or
windrows without first having obtained a special permit from the
Department. Areas less than five acres in size will require a
regular permit in accordance with G.S. 113-60.23(b).
(1) Prevailing winds at the time of ignition must be
away from any city, town, development, major
highway, or other populated area, the ambient air
of which may be significantly affected by smoke,
fly ash, or other air contaminates from the
burning.
(2) The location of the burning must be at least 1,000
feet from any dwelling or structure located in a
predominately residential area other than a
dwelling or structure located on the property on
which the burning is conducted unless permission is
granted by the occupants.
(3) The amount of dirt or organic soil on or in the
material to be burned must be minimized and the
material arranged in a way suitable to facilitate
rapid burning.
(4) Burning may not be initiated when it is determined
by a forest ranger, based on information supplied
by a competent authority that stagnant air
conditions or inversions exist or that such
conditions may occur during the duration of the
burn.
(5) Heavy oils, asphaltic material, or items containing
natural or synthetic rubber may not be used to
ignite the material to be burned or to promote the
burning of such material.
(6) Initial burning may be commenced only between the
hours of 9:00 A.M. and 3:00 P.M. and no combustible
material may be added to the fire between 3:00 P.M.
on one day and 9:00 A.M. on the following day,
except that when favorable meteorological
conditions exist, any forest ranger authorized to
issue the permit may authorize in writing a
deviation from the restrictions. (1981, c. 1100, s.
2; 1981 (Reg. Sess., 1982), c. 1165; c. 1385, s.
2.)


§ 113-60.24. Open burning in non-high hazard counties;
permits required; standards.
(a) The provisions of this section apply only to the
counties not designated as high hazard counties in G.S.
113-60.23(a).
(b) It shall be unlawful for any person to start or cause to
be started any fire or ignite any material in any woodland under
the protection of the Department or within 500 feet of any such
woodland during the hours starting at midnight and ending at
4:00 P.M. without first obtaining a permit from the Department.
Permits may be obtained from forest rangers or other agents
authorized by the forest ranger to issue such permits in the
county in which the fire is to be started. Such permits shall be
issued by the ranger or other agent unless permits for the area
in question have been prohibited or cancelled under G.S.
113-60.25 or 113-60.27. (1981, c. 1100, s. 2.)


§ 113-60.25. Open burning prohibited statewide.
During periods of hazardous forest fire conditions or
during air pollution episodes declared pursuant to Article 21B
of Chapter 143 of the General Statutes, the secretary is
authorized to prohibit all open burning regardless of whether a
permit is required under G.S. 113-60.23 or 113-60.24. The
secretary shall issue a press release containing relevant
details of the prohibition to news media serving the area
affected. (1981, c. 1100, s. 2.)


§ 113-60.26. Permit conditions.
Permits issued under this Article shall be issued in the
name of the person undertaking the burning and shall specify the
specific area in which the burning is to occur, the type and
amount of material to be burned, the duration of the permit, and
such other factors as are necessary to identify the burning
which is allowed under the permit. (1981, c. 1100, s. 2.)


§ 113-60.27. Permit suspension and cancellation.
Upon a determination that hazardous forest fire
conditions exist the secretary is authorized to cancel any
permit issued under this Article and suspend the issuance of any
new permits. Upon a determination by the Environmental
Management Commission or its agent that open burning permitted
under this Article is causing significant contravention of
ambient air quality standards or that an air pollution episode
exists pursuant to Article 21B of Chapter 143 of the General
Statutes, the secretary shall cancel any permits issued under
authority of this Article and shall suspend the issuance of any
new permits. (1981, c. 1100, s. 2.)


§ 113-60.28. Control of existing fires.
(a) If a fire is set without a permit required by G.S.
113-60.23, 113-60.24 or 113-60.25 and is set in an area in which
permits are prohibited or cancelled at the time the fire is set,
the person responsible for setting the fire or causing the fire
to be set shall immediately extinguish the fire or take such
other action as directed by any forest ranger authorized to
issue permits under G.S. 113-60.23(c). In the event that the
person responsible does not immediately undertake efforts to
extinguish the fire or take such other action as directed by the
forest ranger, the Department may enter the property and take
reasonable steps to extinguish or control the fire and the
person responsible for setting the fire shall reimburse the
Department for the expenses incurred by the Department. A
showing that a fire is associated with land-clearing activities
is prima facie evidence that the person undertaking the land
clearing is responsible for setting the fire or causing the fire
to be set.
(b) If a fire requiring a permit under G.S. 113-60.23(c) is
set without a permit and a forest ranger authorized to issue
such permits determines that a permit would not have been issued
for the fire at the time it was set, the person responsible for
setting the fire or causing the fire to be set shall immediately
take such action as the forest ranger directs to extinguish or
control the fire. In the event the person responsible does not
immediately undertake efforts to extinguish the fire or take
such other action as directed by the forest ranger, the
Department may enter the property and take reasonable steps to
extinguish or control the fire and the person responsible for
setting the fire shall reimburse the Department for the expenses
incurred by the Department. A showing that a fire is associated
with land-clearing activities is prima facie evidence that the
person undertaking the land clearing is responsible for setting
the fire or causing the fire to be set.
(c) If a fire is set in accordance with a permit but the
burning is taking place contrary to the conditions of the
permit, any forest ranger with authority to issue permits in the
area in question may order the permittee in writing to undertake
the steps necessary to comply with the conditions of his permit.
If the permittee is not making a reasonable effort to comply
with the order, the forest ranger may enter the property and
take reasonable steps to extinguish or control the fire and the
permittee shall reimburse the Department for the expenses
incurred by the Department. (1981, c. 1100, s. 2.)


§ 113-60.29. Penalties.
Any person violating the provisions of this Article or of
any permit issued under the authority of this Article shall be
guilty of a Class 3 misdemeanor. The penalties imposed by this
section shall be separate and apart and not in lieu of any civil
or criminal penalties which may be imposed by G.S. 143-215.114A
or G.S. 143-215.114B. The penalties imposed are also in
addition to any liability the violator incurs as a result of
actions taken by the Department under G.S. 113-60.28. (1981, c.
1100, s. 2; 1989 (Reg. Sess., 1990), c. 1045, s. 11; 1993, c.
539, s. 835; 1994, Ex. Sess., c. 24, s. 14(c).)


§ 113-60.30. Effect on other laws.
This Article shall not be construed as affecting or
abridging the lawful authority of local governments to pass
ordinances relating to open burning within their boundaries.
Nothing in this Article shall relieve any person from compliance
with the provisions of Article 21B of Chapter 143 of the General
Statutes and regulations adopted thereunder. In the event that
permits are required for open burning associated with land
clearing under the authority of Article 21B of Chapter 143 of
the General Statutes, the authority to issue such permits shall
be delegated to forest rangers who are authorized to issue
permits under G.S. 113-60.23(c). (1981, c. 1100, s. 2.)


§ 113-60.31. Exempt fires; no permit fees.
(a) This Article shall not apply to any fires started, or
caused to be started, within 100 feet of an occupied dwelling
house if such fire shall be confined (i) within an enclosure
from which burning material may not escape or (ii) within a
protected area upon which a watch is being maintained and which
is provided with adequate fire protection equipment.
(b) No charge shall be made for the granting of any permit
required by this Article. (1981, c. 1100, s. 2.)

You can be fined up to $10,000 for illegal open burning in N.C.

Smoke from open burning can cause serious health problems and pollute the air. That's why the state regulates open burning. Only leaves, branches or other plant growth can be burned.

It's illegal to burn:

• Garbage, paper and cardboard
• Tires and other rubber products
• Building materials, including lumber Wire, plastics and synthetic materials
• Asphalt shingles and heavy oils
• Paints, household and agricultural chemicals

Homeowners can burn yard trimmings (excluding logs and stumps) if allowable under local ordinances, no public pickup is available, and it doesn't cause a public nuisance. Other allowable burning includes campfires, outdoor barbeques, and bonfires for festive occasions. Landowners can also open burn vegetation to clear land or rights-of-way, provided that:

• Prevailing winds are away from built up areas and roads.
• Fires are at least 1,000 feet away from occupied buildings.
• Burning is done between 8 a.m. and 6 p.m.

Remember, burn permits issued by the NC Division of Forest Resources or any local government do not excuse a person from following these rules. For more information, contact your Air Quality Regional Supervisor or your local County Forest Ranger.