Backyard Fires: Apex vs Cary
How do backyard fires rules compare between Apex, NC and Cary, NC?
Cary has fewer restrictions than Apex.
Apex, NC
Wake County
Backyard ground-level campfires in Apex are regulated by Sec. 9-48 of the Apex Code of Ordinances (Chapter 9 Fire Prevention). Campfires shall not be permitted in the town unless the campfire is located at least 25 feet from any structure and 25 feet from any property line. The campfire shall be no larger than four square feet and shall be surrounded by bricks at least two tiers high. Only clean wood may be burned - yard waste, leaves, and trash are prohibited. These setbacks are substantially stricter than the International Fire Code's general recreational-fire setback (25 ft from any structure under IFC 307.4.2 - Apex matches the structure setback and adds a 25-ft property-line setback). Any backyard fire that does not meet Sec. 9-48 (or the alternative Sec. 9-47 patio wood-burning unit standard at 20 ft from structures on a noncombustible surface) is prohibited without Apex Fire Department approval or permit.
View full Apex rules →Cary, NC
Wake County
Backyard recreational fires in Wake County are governed by NC Fire Prevention Code §307.4.2 (adopted by Wake County Code Ch. 72): pile size capped at 3 ft diameter x 2 ft height, fuel limited to seasoned wood (not yard debris or trash), and the fire must be at least 25 feet from any combustible structure. No permit is required, but the Fire Code Official can order it extinguished for objectionable smoke or hazardous conditions (NCFC §307.3).
View full Cary rules →Key Facts Comparison
| Fact | Apex | Cary |
|---|---|---|
| Code Cite | Apex Code Ch. 9, Sec. 9-48 (Campfires) | - |
| Setback From Any Structure | 25 feet minimum | - |
| Setback From Any Property Line | 25 feet minimum | - |
| Maximum Size | 4 square feet, surrounded by bricks ≥ 2 tiers high | - |
| Fuel Allowed | Clean wood only - no yard waste, leaves, or trash | - |
| Max size | - | 3 ft dia x 2 ft high (NCFC 307.4.2) |
| Min distance | - | 25 ft from structure |
| Fuel | - | Seasoned wood only |
| Attendant required | - | Yes (NCFC 307.5) |
| Burn-ban override | - | All fires off |
Highlighted rows indicate differences between cities.
Apex FAQ
Can I have a campfire in my Apex backyard?
Only if you can meet Sec. 9-48 simultaneously: the campfire must be at least 25 feet from any structure AND at least 25 feet from any property line, no larger than 4 square feet, and surrounded by bricks at least two tiers high. Only clean wood may be burned. Many Apex residential lots cannot satisfy both 25-foot setbacks - the Apex Fire Department's official alternative is the Sec. 9-47 patio wood-burning unit (manufactured fire pit, noncombustible surface, 20 ft from any structure, no property-line setback).
What's the difference between Sec. 9-47 (patio unit) and Sec. 9-48 (campfire) in Apex?
Sec. 9-47 covers patio wood-burning units (manufactured fire pits, chimineas, outdoor masonry fireplaces) - allowed on a noncombustible surface, 20 feet from any structure, with no property-line setback requirement. Sec. 9-48 covers ground-level campfires - allowed only with 25-foot setbacks from any structure AND any property line, max 4 sq ft, ringed with bricks two tiers high. Both require clean wood only - no yard waste or trash.
Do I need a permit for a backyard fire in Apex?
No permit is required for a Sec. 9-47 patio wood-burning unit or a Sec. 9-48 campfire that meets all the dimensional rules and uses only clean wood. Any other type of open burning or outdoor fire inside Apex town limits is strictly prohibited without Apex Fire Department approval or permit (call the Fire Marshal at 919-367-4055). NC Forest Service burn permits are not valid inside Apex - only in unincorporated Wake County. A statewide or county burn ban suspends all backyard fires.
Cary FAQ
Can I have a backyard fire after midnight?
There is no specific hour limit in NCFC §307, but Wake County's noise ordinance (§92.05(D)) still applies — sound or odor that disturbs neighbors during nighttime hours (11 p.m. - 7 a.m.) can trigger separate enforcement.
Do I need to call the fire department before lighting?
No notification required for recreational fires under NCFC §307.4.2. But during a burn ban (check ncforestservice.gov or 919-856-6340) all recreational fires must cease.
What if my neighbor's fire keeps blowing smoke into my yard?
Under NCFC §307.3 the Fire Code Official can order any fire extinguished if it creates objectionable odors or smoke. Call Raleigh Fire Prevention (919-996-6392) or Wake County Fire Marshal (919-856-6340) — they'll dispatch and assess.
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