North Carolina vests statewide wildfire response and burn ban authority in the Commissioner of Agriculture and the State Forester, whose declared bans override local burn permits.
G.S. 113-60.23A authorizes the Commissioner of Agriculture, through the State Forester, to issue statewide or regional burn bans when fire danger is high. When a state burn ban is in effect, all open burning is prohibited regardless of any previously issued permits or local ordinances. G.S. 106-944 grants the NC Forest Service authority to suppress wildfires on private and state forestland, and G.S. 113-60.31 makes negligent ignition of fires that spread to neighboring property a basis for civil and criminal liability. Counties may adopt additional restrictions but cannot loosen state bans.
Burning during a state-declared ban is a Class 3 misdemeanor under G.S. 113-60.27 with fines up to $200. Negligent or willful starting of wildfires creates liability for suppression costs under G.S. 106-944, which can total tens of thousands of dollars per acre burned.
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