Skip to main content
CityRuleLookup

Cherokee County, SC Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Cherokee County, SC, 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

Baseline
All open burning banned in unincorporated county unless exempt
County ban authority
Majority vote of fire chiefs president, county administrator, emergency management director
State bans
SC Forestry Commission bans enforced for period issued
Construction waste burning
Not allowed April 1 through September 30
First offense
Fine up to $200 or up to 30 days
Repeat offense
Fine not less than $500 or up to 60 days

Summary

In unincorporated Cherokee County, South Carolina, no one can kindle or maintain open burning except as Article III of Chapter 11 allows. County fire officials, three named officeholders acting by majority vote, can prohibit all open burning when conditions are hazardous, and any South Carolina Forestry Commission burn ban is enforced for the period the commission issues it. A first offense carries a fine up to $200 or 30 days.

These county ordinances apply to unincorporated areas of Cherokee County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

No person shall kindle or maintain any open burning or authorize any such fire to be kindled or maintained within the unincorporated areas of the county, except as stated in this article. ... A.Conditions for authorizing burning bans shall be as follows:1.County fire officials shall by majority vote to prohibit open burning when atmospheric conditions, local circumstances, or other conditions exist that would make such fires hazardous.2.County fire officials shall be made up of: President of the fire chiefs association, The county administrator, and emergency management director.3.Any burn ban issued by the South Carolina Forestry Commission shall be enforced for the time period issued by the commission. ... Anyperson, firm, association, partnership, corporation, or entity who violates any of the provisions of this section or fails to comply with a duly authorized Order issued pursuant to this section may be deemed guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars ($200.00) or imprisoned for not more than thirty (30) days for a first offense.

Full Breakdown

Section 11-151 of the Cherokee County Code sets the baseline: no person can kindle or maintain any open burning, or authorize one, within the unincorporated areas of the county except as the article states. Section 11-154 then lists the exemptions, each with its own conditions.

The exemptions are: yard debris burns from a private residence, burned on the same premises (subsection A); bonfires (B); recreational fires, cooking fires and warmth fires (C); prescribed, agricultural and game management fires under the Smoke Management Guidelines with state or federal permits (D); land clearing and right-of-way burns outside predominantly residential areas, not less than one thousand (1,000) feet from public roadways and residential, commercial and industrial sites, started only between 9:00 a.m. and 3:00 p.m. (E); fire-fighter training fires with SCDES approval (F); and residential construction waste from one- and two-family dwellings, burned at least five hundred (500) feet from any occupied structure other than one on the property and never during the ozone season of April 1 through September 30 (G).

Burn bans work two ways under § 11-155. County fire officials vote by majority to prohibit open burning when atmospheric conditions, local circumstances or other conditions would make fires hazardous, and those officials are the president of the fire chiefs association, the county administrator and the emergency management director. Separately, any burn ban issued by the South Carolina Forestry Commission is enforced for the time period the commission issues it. The bonfire and recreational fire exemptions each state that they do not apply while a state or Forestry Commission ban is in force.

Section 11-153 requires proper permitting or notification before any open burning, including notice to the SC Forestry Commission, constant attendance and extinguishing equipment. Where a burn creates a hazard, ignores the article's conditions or lacks a required permit, the fire department in the affected fire district or a law enforcement official can order it extinguished. Section 11-156 makes clear that an exemption does not excuse anyone from damages or from other laws, and § 11-157 provides that state law prevails in a conflict and that the article does not override ordinances of municipalities inside the county.

Violations & Fines

Under § 11-158 a first offense is a misdemeanor punishable by a fine of not more than $200 or imprisonment for not more than 30 days. A second or subsequent offense, meaning one committed within ten (10) years of a previous offense, carries a fine of not less than $500 or up to 60 days in jail, or both. Any commissioned law enforcement officer or code enforcement officer in the county can enforce the article, and a written report from a witnessing officer counts as adequate notice (§ 11-159).

Frequently Asked Questions

Is open burning allowed in unincorporated Cherokee County, SC?
Only under the exemptions in § 11-154, such as residential yard debris burns, recreational fires, bonfires, land clearing outside predominantly residential areas and permitted agricultural or prescribed fires. Section 11-151 prohibits any other open burning in the unincorporated areas, and each exemption carries conditions on distance, timing and equipment.
Who can declare a burn ban in Cherokee County, SC?
Under § 11-155, county fire officials, meaning the president of the fire chiefs association, the county administrator and the emergency management director, decide by majority vote to prohibit open burning when conditions are hazardous. The South Carolina Forestry Commission can also issue a ban, and the county enforces it for the period the commission issues.
Does the ban reach Gaffney and Blacksburg?
No. The article covers the unincorporated areas of the county, and § 11-157 says it does not supersede or override ordinances already in place for municipalities located within the county. State law prevails over the article in any conflict.
What happens if a fire violates the conditions?
The fire department in the affected fire district and law enforcement officials can order the burn extinguished (§ 11-153), and the person responsible faces prosecution under § 11-158. The exemption also does not excuse the person from damages or injuries the fire causes (§ 11-156).

Sources & Official References

Other rules in Cherokee County

All Cherokee County rules

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

Get notified when Outdoor Burning in Cherokee County, SC changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.