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.
Brush burning and yard-debris fires in Wake County are governed by a layered state-and-local system administered jointly by NC DEQ (air quality), the NC Forest Service (fire control), and the Wake County Fire Marshal's Office (local enforcement).
First layer — NC DEQ Open Burning Rule (15A NCAC 02D .1903). Subsection (b)(2) permits open burning of "leaves, tree branches, or yard trimmings originating on the premises of private residences" only when ALL of the following conditions are met: (A) the material is burned on the premises where it originated or at a public site approved by the Division of Air Quality; (B) the fire does not create a nuisance; (C) only material originating on the premises is burned; (D) the burning is conducted between 8:00 a.m. and 6:00 p.m.; (E) the burning takes place no closer than 500 feet from an occupied dwelling other than the burner's residence; and (F) no public pickup of yard waste is available. Burning of household garbage, building/construction debris, treated or painted lumber, plastics, tires, asphalt, rubber, paint, oil, chemicals, or any synthetic material is prohibited at all times under .1903(a).
Second layer — NC Forest Service Burn Permit. Under NCGS § 106-942 (Article 78, Chapter 106), the NC Forest Service must be notified and a burn permit issued before any open burning of woods, brush, grass, or other flammable vegetation occurs within 500 feet of forested or wild land in any of the 100 NC counties under NCFS protection. Permits are free and are issued online at ncforestservice.gov or by phone at 919-841-4046 (Wake County NCFS office). The permit holder must (1) ensure adequate firebreaks around the burn site, (2) keep firefighting equipment (rake, shovel, water) on hand, (3) attend the fire continuously until it is completely out, and (4) confirm that the fire is dead out before leaving. Setting fire to or causing a fire to be set without a permit on lands in any of the protected counties is a Class 3 misdemeanor under NCGS § 106-943.
Third layer — Wake County Local Burn Bans. The Wake County Fire Marshal (919-856-6340) coordinates with the NC State Forester to issue local burn bans during high-fire-risk conditions (drought, dry vegetation, low humidity, high wind). When a Wake County burn ban is in effect, ALL open burning — including permitted brush burns and recreational fires — is prohibited countywide until the ban is lifted. Wake County most recently issued a local burn ban on April 1, 2026, aligned with a statewide ban issued by the NC Forest Service.
Fourth layer — Municipal Rules. Cities and towns within Wake County (Raleigh, Cary, Apex, Garner, Holly Springs, Fuquay-Varina, Knightdale, Morrisville, Wake Forest, Zebulon, Rolesville, Wendell) generally provide curbside yard-waste collection, which automatically disqualifies residents from the .1903(b)(2)(F) exemption and effectively bans residential leaf burning inside those city limits. Always check with the local fire marshal before burning. Within the Raleigh city limits, for example, all open burning of yard waste is prohibited and residents must use curbside collection or take material to a yard-waste facility.
Burning without a required NC Forest Service permit (when within 500 feet of woodlands in Wake County) is a Class 3 misdemeanor under NCGS § 106-943, punishable by a fine of up to $200 for a first offense. Setting fire that escapes onto another's land is a Class 2 misdemeanor under NCGS § 14-141 (negligently setting fire to woods, fields, or marshes), punishable by up to 60 days jail. Burning prohibited materials (household garbage, plastics, tires, treated lumber) violates 15A NCAC 02D .1903 and is enforceable by NC DEQ with civil penalties of up to $25,000 per day under NCGS § 143-215.114A. Violating a Wake County local burn ban is enforceable by the Wake County Fire Marshal as a violation of the NC State Fire Code under NCFC § 109 and NCGS § 143-139, and can be charged as a Class 3 misdemeanor under NCGS § 14-4. Additionally, the responsible party is civilly liable to the NC Forest Service for all suppression costs if the fire requires NCFS response.
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Side-by-side rule comparisons with other cities in Wake County.
See how Cary's brush clearance rules stack up against other locations.
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