106-965. Legislative findings. The General Assembly finds that prescribed burning of forestlands is a management tool that is beneficial to North Carolina’s public safety, forest and wildlife resources, environment, and economy. The General Assembly finds that the following are benefits that result from prescribed burning of forestlands: (1) Prescribed burning reduces the naturally occurring buildup […]
106-966. Definitions. As used in this Article: (1) "Certified prescribed burner" means an individual who has successfully completed a certification program approved by the North Carolina Forest Service of the Department of Agriculture and Consumer Services. (2) "Prescribed burning" means the planned and controlled application of fire to naturally occurring vegetative fuels under safe weather […]
106-967. Immunity from liability. (a) Any prescribed burning conducted in compliance with G.S. 106-968 is in the public interest and does not constitute a public or private nuisance. (b) A landowner or the landowner’s agent who conducts a prescribed burning in compliance with G.S. 106-968 shall not be liable in any civil action for any […]
106-968. Prescribed burning. (a) Prior to conducting a prescribed burning, the landowner shall obtain a prescription for the prescribed burning prepared by a certified prescribed burner and filed with the North Carolina Forest Service of the Department of Agriculture and Consumer Services. A copy of the prescription shall be provided to the landowner. A copy […]
106-969. Adoption of rules. The North Carolina Forest Service of the Department of Agriculture and Consumer Services may adopt rules that govern prescribed burning under this Article. (1999-121, s. 1; 2011-145, s. 13.25(aa), (bb); 2013-155, s. 17.)
106-970. Exemption. This Article does not apply when the Commissioner of Agriculture has cancelled burning permits pursuant to G.S. 106-946 or prohibited all open burning pursuant to G.S. 106-944. (1999-121, s. 1; 2011-145, s. 13.25(aa), (bb).)
