Wake County, NC Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Wake 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
- 100 ft rule
- >100 ft = DEQ/NCFS; <100 ft = local
- DEQ rule
- 15A NCAC 02D.1903
- Forest Service permit
- Required during fire season
- Yard debris
- Banned where curbside exists
- DEQ penalty
- Up to $25,000/day
Summary
Outdoor open burning in Wake County is regulated by the NC Department of Environmental Quality (15A NCAC 02D.1903) and the NC Forest Service under NCGS §106-940 et seq. Burning trash, lumber, tires, newspapers, plastics, or any non-vegetative material is always illegal in NC, regardless of any burn ban. Burning leaves or yard debris is prohibited where curbside collection is available, which covers virtually all of incorporated Wake County.
Outdoor open burning is regulated by the North Carolina Department of Environmental Quality and the North Carolina Forest Service, depending upon the location and type of burning. Burning trash, lumber, tires, newspapers, plastics or any other non-vegetative materials is always illegal, regardless of burn bans. … More than 100 feet from an occupied dwelling, fire pits, outdoor fireplaces, and burning barrels are considered open burning and are subject to the burn ban.
Full Breakdown
Fires more than 100 feet from an occupied dwelling are "open burning" under DEQ jurisdiction (15A NCAC 02D.1903) and during a NC Forest Service burn ban must cease entirely. Within 100 feet of an occupied dwelling, local government (Wake County Fire Marshal at 919-856-6340 in unincorporated areas; the municipal fire department inside towns) has jurisdiction. A NC Forest Service burn permit is required for any vegetative open burning during the forest fire season (typically Oct 1 - May 31). A statewide burn ban was issued by the NC Forest Service on March 28, 2026, and Wake County Fire Services has issued local burn bans during dry conditions; violators face Class 3 misdemeanor charges under NCGS §106-941.
Violations & Fines
Burning during a NC Forest Service burn ban is a Class 3 misdemeanor under NCGS §106-941 with fines up to $500; DEQ open-burning violations under 15A NCAC 02D.1903 carry civil penalties up to $25,000 per day under NCGS §143-215.114A; local fire-code violations are punishable under NCFC §109 and NCGS §143-138(j).
Frequently Asked Questions
Can I burn leaves at my unincorporated Wake County home?
Who do I call to verify a burn ban?
What materials are never burnable?
Sources & Official References
Other rules in Wake County
How Wake County compares: Cities with the Strictest Outdoor Burning Rules·Compare Wake County to another location·View the North Carolina fire regulations overview
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