106-940. 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 […]
106-941. Definitions. As used in this Article: (1) "Department" means the Department of Agriculture and Consumer Services. (2) "Forest ranger" means a forest ranger designated under G.S. 106-896(3). (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. 106-904. […]
106-942. High hazard counties; permits required; standards. (a) The provisions of this section apply only to the counties of Beaufort, Bladen, Brunswick, 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. 106-940. (b) It is unlawful […]
106-943. 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. 106-942(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 […]
106-944. 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 Commissioner is authorized to prohibit all open burning regardless of whether a permit is required under G.S. 106-942 or G.S. 106-943. The Commissioner shall issue […]
106-945. 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 […]
106-946. Permit suspension and cancellation. Upon a determination that hazardous forest fire conditions exist the Commissioner 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 […]
106-947. Control of existing fires. (a) If a fire is set without a permit required by G.S. 106-942, 106-943, or 106-944, 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 […]
106-948. 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. It is not a violation of this Article or any permit issued under the authority of this Article if a person unintentionally fails to comply with […]
106-949. 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 […]
106-950. Exempt fires; no permit fees. (a) This Article does not apply to any fires started, or caused to be started, within 100 feet of an occupied dwelling house if the fire is confined (i) within an enclosure from which burning material may not escape or (ii) within a protected area upon which a watch […]
