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

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

Outdoor burning rules in Lee 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
Lee County Code § 22-82
Enforcing agency
Solid Waste Division, Dept. of General Services
Criminal penalty
Up to $500 fine or 30 days jail
Each day counts
Separate offense per Section 22-169
Adopted
Ordinance of September 15, 2025
Definition
Open burning defined at Section 22-3

Summary

In unincorporated Lee County, Section 22-82 of the county code flatly prohibits open burning of solid waste or recyclable materials, whether household garbage, bulky items or construction debris. "Open burning" is defined broadly in Section 22-3 to cover any combustion whose emissions go straight into the air rather than through a stack, chimney or permitted control device.

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

Open burning means the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the atmosphere without passing through a stack, chimney, or a permitted air pollution control device. ... ... Sec. 22-82. - Open burning of solid waste. Open burning of solid waste and/or recyclable materials is prohibited. ... (a)Criminal penalty. Any person violating any section of this chapter shall be guilty of a misdemeanor as provided by G.S. 14-4, punishable by a fine not to exceed $500.00 or imprisonment for not more than 30 days or both. Each day's violation shall be treated as a separate offense.

Full Breakdown

Lee County's solid waste chapter, rewritten by the county's ordinance of September 15, 2025, lists the only lawful ways to get rid of solid waste in Section 22-76: an approved landfill or transfer station, a permitted incinerator, the county's own solid waste collection facility, or another method approved by the North Carolina Department of Environmental Quality, such as recycling. Section 22-82 shuts the door on the alternative some residents might otherwise reach for: burning it. The section reads simply that open burning of solid waste and/or recyclable materials is prohibited.

Section 22-3 defines open burning as combustion whose products are emitted directly into the atmosphere without passing through a stack, chimney or a permitted air pollution control device, so a backyard burn barrel or open pit used to torch household trash or recyclables falls squarely inside the ban. The solid waste division of the county's Department of General Services is charged with administering and enforcing the whole chapter, including this section, under Section 22-168. Enforcement carries real teeth: Section 22-169 makes any violation of the chapter a misdemeanor under G.S. § 14-4, punishable by a fine of up to $500.00 or up to 30 days in jail, with each day of continued burning treated as a separate offense. The county may also pursue equitable remedies, including injunctions and orders of abatement.

Violations & Fines

Burning household garbage, recyclables, yard waste mixed with trash, or other solid waste in the open, including in a burn barrel or open pit, violates Section 22-82. Section 22-169 makes it a misdemeanor punishable by a fine of up to $500.00 or up to 30 days in jail, and each day the burning continues counts as its own separate offense. The county can also seek a civil injunction or order of abatement to force compliance beyond the criminal fine.

Frequently Asked Questions

Can I burn my household trash in unincorporated Lee County?
No. Section 22-82 of the Lee County Code prohibits open burning of solid waste or recyclable materials anywhere in the unincorporated county. Waste has to go instead to an approved landfill or transfer station, a permitted incinerator, the county's own collection facility, or another method the North Carolina Department of Environmental Quality has approved, per Section 22-76.
What counts as "open burning" under the ordinance?
Section 22-3 defines open burning as burning any matter so that combustion products are emitted directly into the atmosphere without passing through a stack, chimney or a permitted air pollution control device. A backyard burn barrel or open pit fire used to dispose of garbage or recyclables meets that definition.
What happens if I get caught burning trash illegally?
Section 22-169 makes it a misdemeanor under G.S. § 14-4, punishable by a fine of up to $500.00 or up to 30 days in jail. Each day the burning continues is treated as a separate offense, and the county can also seek an injunction or abatement order.
Who enforces the open burning ban?
The solid waste division of Lee County's Department of General Services administers and enforces Chapter 22, including Section 22-82's open burning prohibition, under Section 22-168 of the county code.

Sources & Official References

Other rules in Lee County

All Lee County rules

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

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