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Cleveland County, NC Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Cleveland County, 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

Governing section
Code § 11-45, open burning
Permit needed for
Bonfires, silvicultural/wildlife burns
Structure setback
50 ft general; 25 ft bonfires
Ban authority
Fire marshal, during unsafe conditions
Penalty
Misdemeanor plus $100 fine

Summary

Cleveland County adopts the North Carolina Fire Prevention Code's open-burning standard under § 11-45: no one may kindle or maintain an open fire without following the section, and a bonfire, silvicultural burn or wildlife-management fire needs a permit from the code official first. The fire marshal can also declare an absolute burn ban when weather makes any outdoor burning unsafe.

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

(1)General. ... A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this section.(2)Permit required. A permit shall be obtained from the code official in accordance with Section 105.6 of the North Carolina Fire Prevention Code prior to kindling a fire for recognized silvicultural or range of wildlife management practices, prevention or control of disease or pests, or a bonfire. ... This section allows the fire marshal to issue an absolute burning ban where no outdoor burning may be done period during these times where weather conditions are not favorable for open burning.

Full Breakdown

Section 11-45 folds Section 307 of the North Carolina Fire Prevention Code into the county code and adds local rules on top of it. A person cannot kindle, maintain or authorize open burning unless it is conducted and approved under the section, and a permit from the code official is required in advance for a bonfire or a fire set for recognized silvicultural or wildlife-management practices or disease and pest control. Burning that is offensive due to smoke or odor, or that becomes hazardous given atmospheric conditions, is prohibited outright, and the code official can order it extinguished.

Location limits apply by fire type: any open burn must stay at least 50 feet from a structure, a bonfire or recreational fire must stay at least 25 feet from a structure or combustible material unless it is contained in a barbecue pit, and a fire must be constantly attended with a portable extinguisher rated at least 4-A on hand. Beyond individual fires, the section gives the fire marshal standing authority to cancel every open-burning permit and impose an absolute ban during periods the state forestry service or local conditions make burning unsafe; during a declared ban, no outdoor burning is allowed at all.

The fire marshal's office, state forestry service, county solid waste department and law enforcement can all issue citations, and a responding fire department may extinguish an illegal burn on the spot.

Violations & Fines

Burning in violation of § 11-45, including burning during a declared ban or without a required permit, is a misdemeanor and carries a $100 fine on top of any other penalty. If a property owner refuses to extinguish an illegal fire after a fire department orders it out, the county dispatches the solid waste officer, law enforcement or the fire marshal's office to the scene.

Frequently Asked Questions

Do I need a permit for a backyard bonfire in unincorporated Cleveland County?
Yes. Section 11-45(2) requires a permit from the code official before kindling a bonfire, and the permit can only be issued to the owner of the land where the fire will be set. The bonfire also has to stay at least 25 feet from any structure or combustible material unless it is in a barbecue pit.
What happens during a burn ban?
The fire marshal can issue an absolute burning ban when weather conditions make outdoor fires hazardous, which cancels every existing open-burning permit. No outdoor burning of any kind is allowed while the ban is in effect, and the fire marshal's office, state forestry service and law enforcement can all cite violators.
How close to my house can I have a recreational fire?
At least 25 feet, and it must be contained to a barbecue pit if it is any closer than that. Section 11-45(7) also requires an adult to constantly attend the fire and keep a portable fire extinguisher with at least a 4-A rating nearby until it is fully out.

Sources & Official References

Other rules in Cleveland County

All Cleveland County rules

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

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