North Carolina

NC Gen Stat. §14-136. Enacted: 1977; Last updated: 1994.

Summary: A person must first notify adjoining land owners of a controlled burn, and then must take the necessary precautions to insure that the fire won’t escape onto another’s property. Intentionally burning grassland, brushland or woodland of someone else or if burning one’s own land, failure to notify neighbors or take necessary precautions or failure to extinguish the fire before it reaches adjoining lands is a class 2 misdemeanor for a first offense and a class 1 misdemeanor for subsequent offenses. Violations are a felony if intent to damage the property of another is shown. This section does not prevent action for damages from the fire. The State offers $500.00 to anyone who furnishes evidence sufficient for a conviction.

NC Gen Stat. §14-137. Enacted: 1907; Last updated: 1997.

Summary: Anyone who willfully or negligently causes a fire in woods, lands or fields is guilty of a Class 2 misdemeanor in those counties under forest fire protection of the Department of Environment and Natural Resources.  It does not apply to landowner firing his own non-wooded lands or fields for farming or building purposes provided he confines the fire at his own expense to those open lands or fields and complies with the law.

NC Gen Stat. §14-138.1. Enacted: 1995; Last updated: 1995.

Summary: Starting a fire upon grassland, brushland or woodland without fully extinguishing the fire is a Class 3 misdemeanor which may be punished by a fine of $10 to $50.

NC Gen Stat. §106-700. Enacted: 1979; Last updated: 1992.

Summary: It is the policy of the state to encourage improvement of agricultural and forestland.  It is the purpose of this law to limit the circumstances under which an agricultural or forestry operation may be deemed a nuisance.

NC Gen Stat. §113-60.23. Enacted: 1981; Last updated: 2002.

Summary: High hazard counties are named.  It is unlawful to willfully start or cause a fire in a woodland under the protection of the department or within 500 feet of such woodland without a permit.  Permits may be issued by forest rangers unless prohibited or cancelled under 113-60.25 or 113-60.27.  It is unlawful to willfully burn without a special permit debris, stumps, brush or flammable materials from ground clearing activities on more than 5 contiguous acres, regardless of proximity to woodland and where materials are placed in piles or windrows.  Areas less than 5 acres in size require a regular permit.  Requirements for special permits include: 1) prevailing winds must be away from populated areas if the ambient air may be significantly affected by contaminates from the burning, 2) burning must be at least 1000 feet from structures in residential area unless permission is granted by the occupants, 3) dirt on the material must be minimized to facilitate rapid burning, 4)  burning may not be initiated when stagnant air conditions or inversions are likely, 5) heavy oils, asphalt and rubber may not be burned, and 6) burning must occur between 9:00 a.m. and 3:00 p.m. unless forest ranger authorizes deviation because of favorable meteorological conditions.

NC Gen Stat. §113-60.24. Enacted: 1981; Last updated: 1981.

Summary: In non-high hazard counties it is unlawful to start a fire in a woodland under the protection of the Department or within 500 feet of such woodland from midnight to 4:00 p.m. without a permit which may be obtained from forest rangers.

NC Gen Stat. §113-60.25. Enacted: 1981; Last updated: 1981.

Summary: During periods of hazardous forest fire conditions or during declared air pollution episodes, open burning may be prohibited.

NC Gen Stat. §113-60.26. Enacted: 1981; Last updated: 1981.

Summary: Permits shall specify the area, the type and amount of material to be burned, the duration of the permit and other factors.

NC Gen Stat. §113-60.27. Enacted: 1981; Last updated: 1981.

Summary: If hazardous forest fire conditions or air pollution episodes exist, the secretary may cancel permits and suspend issuance of new permits.

NC Gen Stat. §113-60.28. Enacted: 1981; Last updated: 1981.

Summary: If a fire is set without a permit and is set in an area where permits are prohibited at the time, the fire shall be immediately extinguished.  Failure to follow directions of forest ranger or extinguish the fire may lead to liability for costs to extinguish the fire.  A fire associated with land-clearing activities is prima facie evidence that the person clearing the land is responsible for the fire.  Failure to obtain a permit when required or burning contrary to permit conditions may cause the Department of Environment and Natural Resources to extinguish fire and request reimbursement for reasonable expenses.

NC Gen Stat. §113-60.29. Enacted: 1981; Last updated: 1994.

Summary: Violation of this law or a permit condition is a class 3 misdemeanor with penalties in addition to civil or criminal penalties imposed elsewhere.

NC Gen Stat. §113-60.30. Enacted: 1981; Last updated: 1981.

b:  Local governments may regulate open burning.  If permits are required for open burning associated with land clearing, forest rangers have authority to issue the permits.

NC Gen Stat. §113-60.31. Enacted: 1981; Last updated: 1981.

Summary:  Law does not apply to fires started within 100 feet of occupied dwelling if the fire is confined within an enclosure from which the fire may not escape or within a protected area upon which a watch is maintained and which is provided with adequate fire protection equipment.  There is no charge for required permits.

NC Gen Stat. §113-60.40. Enacted: 1999; Last updated: 1999.

Summary: Prescribed burning is beneficial to public safety, forest and wildlife resources, environment and economy.

NC Gen Stat. §113-60.41. Enacted: 1999; Last updated: 1999.

Summary: Prescribed burning means planned and controlled application of fire to natural vegetative fuels under safe weather and safe environmental and other conditions while following appropriate precautions that will confine the fire to a predetermined area and accomplish objectives.  A certified prescribed burner has successfully completed a certification program.  A prescription is a written plan prepared by a certified prescribed burner for starting, controlling and extinguishing a prescribed burn.

NC Gen Stat. §113-60.42. Enacted: 1999; Last updated: 1999.

Summary: Prescribed burning in accordance with GS 113-60.43 is in the public interest and not a public or private nuisance, and person who conducts a prescribed burn in compliance with law has no liability for injury or damage caused by smoke.  However, this section does not apply when nuisance or damage results from a negligently or improperly conducted prescribed burn.

NC Gen Stat. §113-60.43. Enacted: 1999; Last updated: 1999.

Summary: Prior to conducting a prescribed burn, the landowner shall obtain a prescription for the prescribed burning prepared by a certified prescribed burner and filed with the Division of Forest Resources, Department of Environment and Natural Resources (Division) from whom an open burning permit is obtained. A copy of the prescription shall be provided to the landowner. A copy of this prescription shall be in the possession of the responsible burner on site throughout the duration of the prescribed burning.  The prescription includes the landowner’s name and address, a description and map of the area to be burned, an estimate of the fuel (tons), objectives, acceptable weather conditions sufficient to minimize the likelihood of smoke damage or escape of fire, name of certified prescribed burner, methods to start, control and extinguish the fire, and reasonable notice to nearby homes and businesses.  The certified burner must be present throughout burning period.  A landowner may conduct a prescribed burn without a certified burner if burning 50 acres or less of his own land and if following all conditions in the prescription prepared by a certified prescribed burner.  The prescribed burn must be conducted in compliance with the open burning permit, State air pollution control statutes, local ordinances, voluntary smoke management guidelines and rules adopted by the Division.

NC Gen Stat. §113-60.45. Enacted: 1999; Last updated: 1999.

Summary: This article doesn’t apply if burning permits have been cancelled or all open burning is prohibited under §113-60.25.