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πŸ”₯ Fire Regulations/Backyard Fires

Backyard Fires: Apex vs Raleigh

How do backyard fires rules compare between Apex, NC and Raleigh, NC?

Raleigh has fewer restrictions than Apex.

Apex, NC

Wake County

Heavy Restrictions

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.

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Raleigh, NC

Wake County

Some Restrictions

Raleigh allows small recreational backyard fires in approved containers - fire pits, chimineas, portable fire bowls - under NC Fire Code Section 307 as adopted by the city. Fires must generally be under 3 feet in diameter, at least 15 feet from structures and property lines, use only clean seasoned wood (no yard debris, trash, treated wood, or construction scraps), and be attended at all times by a responsible adult until fully extinguished. Open burning of leaves and yard debris generally requires an NC Forest Service permit and is banned entirely during active city or state burn bans.

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Key Facts Comparison

FactApexRaleigh
Code CiteApex Code Ch. 9, Sec. 9-48 (Campfires)-
Setback From Any Structure25 feet minimum-
Setback From Any Property Line25 feet minimum-
Maximum Size4 square feet, surrounded by bricks β‰₯ 2 tiers high-
Fuel AllowedClean wood only - no yard waste, leaves, or trash-
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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.

Raleigh FAQ

Can I have a fire pit in my Raleigh backyard?

Yes, in an approved container, at least 15 feet from structures and property lines, with fuel limited to clean seasoned firewood. An adult must attend the fire and have water or a fire extinguisher on hand until it is fully extinguished.

Can I burn my leaves in Raleigh?

Generally no inside the city limits - the city provides yard-waste carts and seasonal loose-leaf pickup. Any leaf burning requires an NC Forest Service permit, must occur during daytime hours only, and is entirely prohibited during burn bans.

Who do I call about a neighbor's out-of-control fire?

Call 911. The Raleigh Fire Department will respond and may extinguish the fire and issue a citation if it violates setbacks, container rules, fuel-type rules, or burn-ban status. Property owners can also be billed for suppression costs.

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