§ 106-946 – Permit suspension and cancellation.
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.
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.
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.
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.
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 […]
§ 106-955 – Definitions.
106-955. Definitions. As used in this Article: (1) "Firefighter" means an employee of the North Carolina Forest Service of the Department of Agriculture and Consumer Services who engages in fire suppression duties or engages in emergency response duties pursuant to G.S. 166A-19.77. (2) "Fire suppression duties" means involvement in on-site fire suppression, participation in Incident […]
§ 106-956 – On-call.
106-956. On-call. (a) On-call is time during which a firefighter is required to be available to return to the duty station or respond to an emergency within 30 minutes. The Department of Agriculture and Consumer Services shall provide each firefighter in on-call status with an electronic communication device that makes the wearer accessible to the […]
§ 106-965 – Legislative findings.
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.
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.
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 […]