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Cary, NC Fire Regulations: Outdoor Burning (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Outdoor burning rules in Cary, NC, also called the burn ban, open burning, or fire restriction ordinance, set when you can burn yard waste, debris, or run a recreational fire.

Key Facts

Permit
Required for most open burning
On-site rule
Permit must stay on-site while burning
Exemptions
Eight narrow exemptions allowed with permit
Coverage
Covers Wake and Chatham County limits
Revocation
Town may withdraw permits anytime

Summary

The Town of Cary prohibits open burning of refuse or combustible material anywhere in town limits unless a Town of Cary burning permit is issued and kept on-site during burning.

No person shall cause, suffer, allow or permit open burning of refuse or other combustible material except as may be allowed in compliance with this section. Furthermore, the town of Cary burning permit must remain on the premises during the hours of burning.

(d)   Permissible open burning with required permit. While recognizing that open burning contributes to air pollution, certain types of open burning may reasonably be allowed in the public interest. The authority to conduct open burning under the provision of this section does not exempt or excuse a person from the consequences, damages or injuries which may result from such conduct nor does it excuse or exempt any person from complying with all applicable laws, ordinances, regulations, and orders of other governmental entities having jurisdiction even though the open burning is conducted in compliance with this section. The following types of burning are permissible with a town of Cary burning permit:

(1)   Fires purposely set to agricultural lands for disease and pest control and other accepted agricultural or wildlife management practices.

(2)   Fires purposely set to forest lands for accepted forest management practices.

(3)   Fires purposely set in rural areas for rights-of-way maintenance.

(4)   Camp fires and fires used solely for outdoor cooking and other recreational purposes or for ceremonial occasions or human warmth and comfort.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2023 S-87_S-57: Current through local ordinance 2022-Code-05, passed 11-17-2022 and effective 11-17-2022 | LDO: Current through local ordinance 2022-LDO-04, passed 11-17-22 and effective 11-17-22).

Full Breakdown

Cary's Code of Ordinances bars anyone from causing, allowing, or permitting open burning of refuse or other combustible material within the town's Wake and Chatham County limits unless the burning fits one of eight narrow exemptions, agricultural, forestry, right-of-way, recreational, land-clearing debris, salvage-yard, or residential leaf and yard-trimming fires, and even then a Town of Cary burning permit is required and must stay on the premises for the duration of the burn.

Violations & Fines

Burning without a permit, letting the permit stay off-site, or burning outside the exempted hours or activities is an open-burning violation the fire marshal can cite and order extinguished; permits may be withdrawn at any time.

Frequently Asked Questions

Can I burn yard debris in my Cary backyard without a permit?
No: even exempt burns like leaf and yard-trimming fires on residential property still need a Town of Cary burning permit, done only between 9 a.m. and 3 p.m. without creating a nuisance.
What happens if someone burns without a permit in Cary?
It's an open-burning violation under the town's fire code; the fire marshal can order the fire extinguished, cite the responsible party, and revoke any permit already issued.

Sources & Official References

Other rules in Cary

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How Cary compares: Cities with the Strictest Outdoor Burning Rules·Compare Cary to another location·View the North Carolina fire regulations overview

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Outdoor Burning in Nearby Cities

How other cities in Wake County handle outdoor burning.

Apex, NC
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Raleigh, NC
Heavy Restrictions