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πŸ”₯ Fire Regulations/Outdoor Burning

Outdoor Burning: Apex vs Cary

How do outdoor burning rules compare between Apex, NC and Cary, NC?

Cary has fewer restrictions than Apex.

Apex, NC

Wake County

Heavy Restrictions

Outdoor open burning in Apex is governed by 15A NCAC 02D .1900 (NC DEQ Air Quality Open Burning Rule) and by Chapter 9 (Fire Prevention) of the Apex Code of Ordinances. The default state rule prohibits all open burning except specifically permitted categories. Most importantly for Apex residents: 15A NCAC 02D .1900 prohibits burning yard waste in any area where regular curbside pickup is available, and burn permits issued by the NC Forest Service are not valid inside Apex town limits - they are only available for sites in unincorporated Wake County. Inside Apex, the only outdoor recreational fires permitted are Sec. 9-47 patio wood-burning units (20 ft from any structure, noncombustible surface, clean wood only) and Sec. 9-48 campfires meeting strict setbacks (25 ft from any structure and 25 ft from any property line, no larger than 4 sq ft, surrounded by bricks at least two tiers high). Permissible state-rule burns include open fires for cooking food, fires for warmth (in safe outdoor heating devices), and accidental fires resulting from emergency situations - subject to the Apex Fire Department's local rules.

View full Apex rules β†’

Cary, NC

Wake County

Some Restrictions

Cary regulates outdoor burning through Chapter 16 of its Code of Ordinances and NC Fire Code. Open burning of yard waste is restricted; recreational fires are allowed with conditions.

View full Cary rules β†’

Key Facts Comparison

FactApexCary
State Rule15A NCAC 02D .1900 (NC DEQ Open Burning)-
Yard Waste Burning In ApexProhibited - curbside pickup available-
Local Recreational Fire CitesApex Code Sec. 9-47 (patio units) / Sec. 9-48 (campfires)-
Permit Hours (Allowed Burns Only)8 a.m. - 6 p.m.-
Always IllegalTrash, construction debris, anything non-vegetative-
Trash Burning-Prohibited
Recreational Fires-Allowed with conditions
Burn Bans-Must be observed when issued
Code Section-Chapter 16 Fire Prevention

Highlighted rows indicate differences between cities.

Apex FAQ

Is open burning allowed in Apex, NC?

Very limited. Under 15A NCAC 02D .1900 (NC DEQ Open Burning Rule), most outdoor burning is prohibited and yard-waste burning is barred wherever regular curbside pickup is provided (which covers all of Apex). Inside Apex town limits, the only routine open-flame recreation allowed under Chapter 9 of the Apex Code is the Sec. 9-47 patio wood-burning unit (20 ft from any structure, noncombustible surface, clean wood only) and the Sec. 9-48 campfire (25 ft setbacks, max 4 sq ft, brick-ringed at least two tiers high). NCFS burn permits are not valid inside Apex - only in unincorporated Wake County.

Can I burn leaves in the fall in Apex?

No. The Apex Fire Department directs residents to place leaves and yard waste curbside for Town pickup. 15A NCAC 02D .1900 prohibits residential yard-waste burning in any area where regular trash and yard-waste pickup is provided. Even where state law allows leaf burning, it would still need a NC Forest Service permit and is limited to 8 a.m. to 6 p.m. - and NCFS permits are not valid inside the corporate limits of Apex.

What about cooking fires and warming fires in Apex?

Outdoor cooking fires (grills, fire-pit cooking) and fires for warmth in safe outdoor heating devices are categories that 15A NCAC 02D .1900 generally allows, but inside Apex they must still comply with Chapter 9 of the Apex Code - specifically Sec. 9-47 (patio wood-burning unit standards) and Sec. 9-48 (campfire standards) and the NC Fire Prevention Code grilling rules (e.g., Sec. 504.8 requires grills be kept 10 ft from combustibles for non-1- and 2-family occupancies).

Cary FAQ

Can I burn yard waste in Cary, NC?

Yard waste burning is restricted in Cary. Check with the Cary Fire Department for current rules and whether burn bans are in effect.

Are campfires allowed in my backyard in Cary?

Yes, recreational fires in approved fire pits are allowed with safety conditions including setbacks from structures and compliance with burn ban advisories.

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