North Carolina § 106-950 - (Effective until December 1, 2021) Exempt fires; no permit fees.

§ 106-950. (Effective until December 1, 2021) Exempt fires; no permit fees.

This Article does not apply to any fires started, or caused to be started, within 100 feet of an occupied dwelling house if the fire is confined (i) within an enclosure from which burning material may not escape or (ii) within a protected area upon which a watch is being maintained and which is provided with adequate fire protection equipment. Except in cases where the Commissioner has prohibited all open burning during periods of hazardous forest fire conditions or during air pollution episodes declared pursuant to Article 21B of Chapter 143 of the General Statutes, this Article does not apply to, and no air quality permit shall be required for, the burning of polyethylene agricultural plastic used in connection with agricultural operations related to the growing, harvesting, or maintenance of crops, when all of the following conditions apply: The burning does not violate any State or federal ambient air quality standards. The burning is conducted between an hour after sunrise and an hour before sunset. The fire is set back at least 250 feet from any paved public roadway and at least 500 feet from any dwelling, group of dwellings, commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted. The burning is conducted in a manner such that it does not constitute a public nuisance. The burning is conducted by any of the following means: By professionally manufactured equipment solely for the purpose of plastic mulch burning or incineration and approved by the Commissioner. By a fire that is enclosed in a noncombustible container. By a fire that is restricted to a pile no greater than eight feet in diameter built upon ground cleared of all combustible material. No charge shall be made for the granting of any permit required by this Article. This Article does not apply to any fires started, or caused to be started, within 100 feet of an occupied dwelling house if the fire is confined (i) within an enclosure from which burning material may not escape or (ii) within a protected area upon which a watch is being maintained and which is provided with adequate fire protection equipment. Except in cases where the Commissioner has prohibited all open burning during periods of hazardous forest fire conditions or during air pollution episodes declared pursuant to Article 21B of Chapter 143 of the General Statutes, this Article does not apply to, and no air quality permit shall be required for, the burning of polyethylene agricultural plastic used in connection with agricultural operations related to the growing, harvesting, or maintenance of crops, when all of the following conditions apply: The burning does not violate any State or federal ambient air quality standards. The burning is conducted between an hour after sunrise and an hour before sunset. The fire is set back at least 250 feet from any paved public roadway and at least 500 feet from any dwelling, group of dwellings, commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted. The burning is conducted in a manner such that it does not constitute a public nuisance. The burning is conducted by any of the following means: By professionally manufactured equipment solely for the purpose of plastic mulch burning or incineration and approved by the Commissioner. By a fire that is enclosed in a noncombustible container. By a fire that is restricted to a pile no greater than eight feet in diameter built upon ground cleared of all combustible material. Except in cases where the Commissioner has prohibited all open burning during periods of hazardous forest fire conditions or during air pollution episodes declared pursuant to Article 21B of Chapter 143 of the General Statutes, this Article does not apply to any fires started, or caused to be started, for cooking, warming, or ceremonial events, if the fire is confined (i) within an enclosure from which burning material may not escape or (ii) within a protected area upon which a watch is being maintained and which is provided with adequate fire protection equipment. No charge shall be made for the granting of any permit required by this Article. History (1981, c. 1100, s. 2; 2011-145, s. 13.25(w); 2015-286, s. 4.39(a); 2017-102, s. 15.2.) Local Modification. - (As to subsection (a)) Lake Royale Community in Franklin and Nash Counties: 2008-108. Editor's Note. - This section was formerly codified as G.S. 113-60.31. It was recodified as G.S. 106-910 by Session Laws 2011-145, s. 13.25(w), effective July 1, 2011, and renumbered as G.S. 106-950 at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.5 is a severability clause. Session Laws 2015-286, s. 4.39(b), provides: "The Department of Agriculture and Consumer Services may adopt rules to implement the provisions of this section." Session Laws 2015-286, s. 5.1, is a severability clause Effect of Amendments. - Session Laws 2015-286, s. 4.39(a), effective January 1, 2015, inserted subsection (a1). Session Laws 2017-102, s. 15.2, effective July 12, 2017, in subsection (a), substituted "does not apply" for "shall not apply" and "the fire is confined" for "such fire shall be confined"; in subsection (a1) substituted "this Article does" for "this Article shall" and inserted "burning of polyethylene agricultural plastic used in connection with agricultural operations related to." § 106-950. Exempt fires; no permit fees. History (1981, c. 1100, s. 2; 2011-145, s. 13.25(w); 2015-286, s. 4.39(a); 2017-102, s. 15.2; 2021-78, s. 3(a).) Local Modification. - (As to subsection (a)) Lake Royale Community in Franklin and Nash Counties: 2008-108. Editor's Note. - This section was formerly codified as G.S. 113-60.31. It was recodified as G.S. 106-910 by Session Laws 2011-145, s. 13.25(w), effective July 1, 2011, and renumbered as G.S. 106-950 at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.5 is a severability clause. Session Laws 2015-286, s. 4.39(b), provides: "The Department of Agriculture and Consumer Services may adopt rules to implement the provisions of this section." Session Laws 2015-286, s. 5.1, is a severability clause Session Laws 2021-78, s. 3(b), made subsection (a2) of this section, as added by Session Laws 2021-78, s. 3(a), effective December 1, 2021, and applicable to offenses committed on or after that date. Session Laws 2021-78, s. 14(a), is a severability clause. Effect of Amendments. - Session Laws 2015-286, s. 4.39(a), effective January 1, 2015, inserted subsection (a1). Session Laws 2017-102, s. 15.2, effective July 12, 2017, in subsection (a), substituted "does not apply" for "shall not apply" and "the fire is confined" for "such fire shall be confined"; in subsection (a1) substituted "this Article does" for "this Article shall" and inserted "burning of polyethylene agricultural plastic used in connection with agricultural operations related to." Session Laws 2021-78, s. 3(a), added subsection (a2). For effective date and applicability, see editor's note. §§ 106-951 through 106-954: Reserved for future codification purposes.