Apex, NC Fire Regulations: Outdoor Burning (2026)

The North Carolina Department of Environmental Quality's Open Burning Rule (15A NCAC 02D .1900) is the foundational statewide standard: all open burning is prohibited except those categories explicitly allowed in 15A NCAC 02D .1903 (permissible open burning). The categories most often invoked - leaves, tree branches and yard trimmings originating on the premises - are themselves prohibited if the burning occurs in an area where regular trash and yard-waste pickup is provided, as it is throughout Apex. Residential yard-waste burning that is otherwise permissible is restricted to 8 a.m. to 6 p.m. (no new vegetation can be added to a burn pile after 6 p.m.). It is always illegal under the state rule to burn trash, construction materials, or anything man-made and non-vegetative. The NC Forest Service issues burn permits under NCGS Chapter 113, but the Apex Fire Department's official position is that NCFS permits are not allowed in the town limits of Apex - they are only allowed in the County. The state burn-permit season under NC Forest Service rules typically runs October 1 through May 31 in the eastern and central forest districts. Inside Apex, the only outdoor open-flame recreation explicitly allowed under Chapter 9 of the Apex Code is the Sec. 9-47 patio wood-burning unit (above-ground appliance, noncombustible surface, 20 ft setback) and the Sec. 9-48 campfire (25 ft setbacks from any structure and any property line, fire no larger than 4 sq ft, surrounded by bricks at least two tiers high). NC OSFM administers a statewide burn-ban authority and the NC Agriculture Commissioner may issue statewide bans (as in March 2025 due to hazardous forest fire conditions).