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Buncombe County, NC Animal Ordinances: Wildlife Feeding (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Enforcing agency
Sheriff's Office animal control division
Penalty level
Level III civil penalty
First-offense fine
$100.00
Repeat fines
$250 second, $500 third and beyond
Criminal penalty
Class 3 misdemeanor, up to $500/30 days
Appeal window
3 business days, bond required
Bird feeders
Exempt unless ordered stopped as attractant

Summary

Buncombe County's animal ordinance makes it a public nuisance to feed, harbor or attract bears or other wild animals if the activity threatens public health, safety or welfare. Backyard bird feeders are exempt, but an animal control officer can order the feeding stopped once it becomes a bear or wildlife attractant. Continuing after that order is a civil and criminal violation.

These county ordinances apply to unincorporated areas of Buncombe County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(3)The keeping, possession, harboring, feeding, or attracting of animals, being wild, livestock or domesticated, which threaten the public health, safety and welfare of the community in a manner including, but not limited to, attracting the presence of bears or wild animals that creates a danger to humans, wildlife, or domestic animals, or causes damage to other properties; provided, that nothing herein shall be construed to prohibit keeping or maintaining a bird feeder, or from feeding birds, unless said activity constitutes an attractant and its cessation is ordered by the animal control officer pursuant to this section.a.For the purpose of this section, danger shall mean the potential for human injury or death, the potential for increased risk of disease transmission between animal species and humans, or the increased potential for death or injury to the bears, livestock or companion animals.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).

Full Breakdown

Buncombe County Code Sec. 6-57(a)(3) classifies the keeping, possession, harboring, feeding, or attracting of wild, livestock or domesticated animals as a public nuisance whenever it "creates a danger to humans, wildlife, or domestic animals, or causes damage to other properties," expressly naming the practice of attracting bears. The ordinance protects an ordinary bird feeder: maintaining one, or simply feeding birds, is not itself a violation unless the animal control officer determines the activity has become an attractant and orders it stopped. "Danger" under the section means the potential for human injury or death, an increased risk of disease transmission between animals and humans, or an increased potential for death or injury to the bears, livestock or companion animals involved.

The Buncombe County Sheriff's Office animal control division administers Chapter 6 under Sec. 6-40 and investigates nuisance-wildlife complaints before issuing a cessation order. A violation of Sec. 6-57(a)(3) is a Level III offense on the county's civil penalty fine schedule (Sec. 6-115(c)): $100 for a first offense, $250 for a second within 24 months, and $500 for a third or each additional offense. Sec. 6-116 also makes any Chapter 6 violation a Class 3 misdemeanor punishable by up to $500 and 30 days in jail.

An owner who disputes a citation has three business days to file a written appeal with the sheriff under Sec. 6-118(a), and must post a bond equal to the fine to keep the appeal valid.

Violations & Fines

Feeding or attracting bears or wild animals after a cessation order is a Level III civil offense under Sec. 6-115(c): $100 for a first offense, $250 for a second, and $500 for a third or later offense within 24 months. It is also a Class 3 misdemeanor under Sec. 6-116, punishable by up to a $500 fine and 30 days in jail. Appeals go to the sheriff within three business days under Sec. 6-118(a), with a bond required.

Frequently Asked Questions

Is it illegal to feed birds in Buncombe County?
No. Sec. 6-57(a)(3) specifically says nothing in the nuisance rule prohibits keeping or maintaining a bird feeder or feeding birds. The exemption ends only if an animal control officer determines the feeding has become an attractant for bears or other wildlife and orders the activity stopped; continuing after that order is the violation, not the feeding itself.
What happens if I keep feeding a bear after being told to stop?
You face a Level III civil penalty under Sec. 6-115(c): $100 for a first offense, rising to $250 and then $500 for repeat offenses within 24 months. Because the nuisance is continuing, animal control can treat each additional day as a new offense, and Sec. 6-116 adds a possible Class 3 misdemeanor charge.
Who enforces the wildlife-feeding rule?
The Buncombe County Sheriff's Office animal control division enforces Chapter 6, including Sec. 6-57(a)(3). Officers investigate complaints, determine whether feeding has created a danger to people, pets, livestock or the wildlife itself, and issue the order to stop before any citation is written.
Can I appeal a citation for feeding wildlife?
Yes. Sec. 6-118(a) gives the owner three business days from the violation to file a written appeal with the sheriff, and requires posting a bond equal to the fine or penalty assessed. The sheriff or a designee must decide the appeal within 30 days, and a successful appeal gets any fine refunded.

Sources & Official References

Other rules in Buncombe County

All Buncombe County rules

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