4 county-level rules, plus city-specific rules for 3 cities in Wake County, North Carolina.
Verified from official government sources
Wake County does not have a stand-alone county fire-pit ordinance. Backyard fire pits and chimineas in unincorporated Wake County are governed by the NC State Fire Code (NCFC §307, adopted statewide under 11 NCAC 08 .2300) and the NC Department of Environmental Quality open-burning rule at 15A NCAC 02D .1903. Under .1903(b)(4), "fires used only for cooking food, for ceremonial occasions, and for warming outdoor workers" are exempt from the general open-burning prohibition. The NC Fire Code limits recreational fires to piles no larger than three feet in diameter and two feet high, requires a 25-foot setback from any structure or combustible material, and requires the fire to be constantly attended with a means of extinguishment on hand. Burning of household garbage, plastics, tires, treated wood, and any non-vegetative material is prohibited. The Wake County Fire Marshal's Office (919-856-6340) enforces the fire code in unincorporated Wake County, Rolesville, and Wendell.
North Carolina is one of the strictest fireworks states in the country. NCGS § 14-410 makes it "unlawful for any individual, firm, partnership or corporation to manufacture, purchase, sell, deal in, transport, possess, receive, advertise, use, handle, exhibit, or discharge any pyrotechnics" statewide, with limited exceptions. NCGS § 14-414 narrowly exempts (a) wire/stick sparklers ≤ 100 grams of mixture per item, (b) snake and glow worms, (c) smoke devices, and (d) trick noisemakers such as party poppers, string poppers, snappers, and drop pops with ≤ 16 milligrams of explosive composition. Everything else — including firecrackers, Roman candles, bottle rockets, aerial repeaters, mortars, and any item that explodes or leaves the ground — is illegal in Wake County. Violations are Class 2 misdemeanors under § 14-413 (up to 60 days jail and a discretionary fine for a first conviction). Public/professional displays require a Wake County Fire Services operational permit (minimum 15 business days lead time) plus a licensed pyrotechnic display operator.
NC General Statutes § 14-410
Except as otherwise provided in this section, it shall be unlawful for any individual, firm, partnership or corporation to manufacture, purchase, sell, deal in, transport, possess, receive, advertise, use, handle, exhibit, or discharge any pyrotechnics of any description whatsoever within the State of North Carolina. ... Notwithstanding the provisions of G.S. 14-414, it shall be unlawful for an...
Wake County brush burning is governed by three layered rules. First, the NC Department of Environmental Quality open-burning rule (15A NCAC 02D .1903) permits residents to burn leaves, tree branches, or yard trimmings ONLY if the material originated on the premises, is burned on the premises (or at a designated public-pickup site), is burned between 8:00 a.m. and 6:00 p.m. (no overnight smoldering), is at least 500 feet from an occupied dwelling other than the burner's, does not create a nuisance, and no public collection of yard waste is available. Second, NC Forest Service rules require a burn permit (free, available at ncforestservice.gov) for any open burning of woods, brush, or vegetative material conducted within 500 feet of forested or wild land. Third, the Wake County Fire Marshal's Office (919-856-6340) coordinates with the State Forester to issue local burn bans during high-fire-risk conditions, which suspend all burn permits and recreational fires countywide. The City of Raleigh and many incorporated Wake municipalities also ban residential leaf burning entirely because curbside yard-waste pickup is available — under .1903 that automatically disqualifies the exemption.
Wake County does not regulate outdoor burning at the county level. Two state regimes apply countywide: (1) the NC Forest Service permit rule in N.C. General Statutes Chapter 106, Article 78 — Wake County falls under the non-high-hazard tier of G.S. 106-943, which requires a forest-ranger permit for any fire in woodland or within 500 feet of woodland between midnight and 4:00 PM; and (2) the NC Department of Environmental Quality open-burning rule at 15A NCAC 02D .1903, which prohibits burning of trash, plastics, treated wood, and any non-vegetative material statewide. Burning of leaves, limbs, and brush from your own property is allowed only between 8:00 AM and 6:00 PM, only when public pickup is not available, and never when air quality is Code Orange or worse.
NC General Statutes Chapter 106, Article 78 (§§ 106-940 et seq.)
The purpose of this Article is to regulate certain open burning in order to protect the public from the hazards of forest fires and air pollution (§ 106-940). It is unlawful for any person to willfully start or cause to be started any fire in any woodland... without first having obtained a permit (§ 106-942(b)). Initial burning may be commenced only between the hours of 8:00 A.M. and 4:00 P.M. ...
3 cities in Wake County have their own fire regulations rules. Each link goes to that city's dedicated page with code citations.
See every category we cover for Wake County — parking, noise, fences, fires, animals, pools, and more.
Wake County Ordinance Hub →