North Carolina Statewide Rule
North Carolina Wildfire Burn Ban and Forest Protection Authority
Key Facts
- Ban Authority
- Commissioner of Agriculture
- Suppression Agency
- NC Forest Service
- Override Effect
- Suspends existing permits
- Cost Recovery
- G.S. 106-947
Summary
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.
§ 106-944. Open burning prohibited statewide. During periods of hazardous forest fire conditions or during air pollution episodes declared pursuant to Article 21B of Chapter 143 of the General Statutes, the Commissioner is authorized to prohibit all open burning regardless of whether a permit is required under G.S. 106-942 or G.S. 106-943. The Commissioner shall issue a press release containing relevant details of the prohibition to news media serving the area affected.
Full Breakdown
G.S. 106-944 authorizes the Commissioner of Agriculture, through the State Forester, to prohibit all open burning statewide or by region when hazardous fire or air quality conditions exist. When a state burn ban is in effect, open burning is prohibited and previously issued permits are suspended under G.S. 106-946. G.S. 106-947 lets the NC Forest Service take control of any fire threatening woodland and requires the responsible party to reimburse the Department for suppression expenses. Counties may adopt additional restrictions but cannot loosen state bans.
Violations & Penalties
Burning during a state-declared ban is a Class 3 misdemeanor under G.S. 106-948 with fines up to $200 per offense. Those responsible for escaped fires can be billed for the Forest Service's full suppression costs under G.S. 106-947.
Frequently Asked Questions
Does a state burn ban override my existing burn permit?
Can I be billed for wildfire suppression costs?
Sources
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