Cherokee County, SC Fire Regulations: Outdoor Burning (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.
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?
Who can declare a burn ban in Cherokee County, SC?
Does the ban reach Gaffney and Blacksburg?
What happens if a fire violates the conditions?
Sources & Official References
Other rules in Cherokee County
How Cherokee County compares: Cities with the Strictest Outdoor Burning Rules·Compare Cherokee County to another location·View the South Carolina fire regulations overview
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