North Carolina § 106-968 - Prescribed burning.

§ 106-968. Prescribed burning.

Prior to conducting a prescribed burning, the landowner shall obtain a prescription for the prescribed burning prepared by a certified prescribed burner and filed with the North Carolina Forest Service of the Department of Agriculture and Consumer Services. A copy of the prescription shall be provided to the landowner. A copy of this prescription shall be in the possession of the responsible burner on site throughout the duration of the prescribed burning. The prescription shall include: The landowner's name and address. A description of the area to be burned. A map of the area to be burned. An estimate of tons of the fuel located on the area. The objectives of the prescribed burning. A list of the acceptable weather conditions and parameters for the prescribed burning sufficient to minimize the likelihood of smoke damage and fire escaping onto adjacent areas. The name of the certified prescribed burner responsible for conducting the prescribed burning. A summary of the methods that are adequate for the particular circumstances involved to be used to start, control, and extinguish the prescribed burning. Provision for reasonable notice of the prescribed burning to be provided to nearby homes and businesses to avoid effects on health and property. The prescribed burning shall be conducted by a certified prescribed burner in accordance with a prescription that satisfies subsection (a) of this section. The certified prescribed burner shall be present on the site and shall be in charge of the burning throughout the period of the burning. A landowner may conduct a prescribed burning and be in compliance with this Article without being a certified prescribed burner if the landowner is burning a tract of forestland of 50 acres or less owned by that landowner and is following all conditions established in a prescription prepared by a certified prescribed burner. Prior to conducting a prescribed burning, the landowner or the landowner's agent shall obtain an open-burning permit under Article 78 of this Chapter from the North Carolina Forest Service of the Department of Agriculture and Consumer Services. This open-burning permit must remain in effect throughout the period of the prescribed burning. The prescribed burning shall be conducted in compliance with all the following: The terms and conditions of the open-burning permit under Article 78 of this Chapter. The State's air pollution control statutes under Article 21 and Article 21B of Chapter 143 of the General Statutes and any rules adopted pursuant to these statutes. Any applicable local ordinances relating to open burning. The smoke management guidelines adopted by the North Carolina Forest Service of the Department of Agriculture and Consumer Services. Any rules adopted by the North Carolina Forest Service of the Department of Agriculture and Consumer Services, to implement this Article. The North Carolina Forest Service may accept prescribed burner certification from another State or other entity for the purpose of prescribed burning under this Article. History (1999-121, s. 1; 2011-145, s. 13.25(aa), (bb), (xx); 2013-155, s. 16; 2015-263, s. 26.) Editor's Note. - This section was formerly codified as G.S. 113-60.43 It was recodified as G.S. 106-923 by Session Laws 2011-145, s. 13.25(aa), effective July 1, 2011, and renumbered as G.S. 106-968 at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 13.25(xx), provides: "The Revisor of Statutes shall make the conforming statutory changes necessary to reflect the transfers under this section. The Revisor of Statutes may correct any reference in the General Statutes to the statutes that are recodified by this section and make any other conforming changes necessitated by this section." Pursuant to that provision, a conforming change has been made in the first sentence of the introductory language of subsection (c). "Article 78 of this Chapter" was substituted for "Article 4C of this Chapter." 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. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5 is a severability clause. Session Laws 2015-263, s. 38(a) contains a severability clause. Effect of Amendments. - Session Laws 2011-145, s. 13.25(bb), effective July 1, 2011, in the introductory paragraph of subsection (a) and throughout subsection (c), substituted "Department of Agriculture and Consumer Services" for "Department of Environment and Natural Resources"; and in subdivision (c)(1), substituted "Article 78" for "Article 4C." Session Laws 2013-155, s. 16, effective July 1, 2013, substituted "North Carolina Forest Service of the" for "Division of Forest Resources" in subsections (a) and (c) and subdivisions (c)(4) and (c)(5). Session Laws 2015-263, s. 26, effective September 30, 2015, substituted "of tons" for "in tons" in subdivision (a)(4); inserted "and be in compliance with this Article" in the last sentence of subsection (b); deleted "voluntary" preceding "smoke management" in subdivision (c)(4); and added subsection (d).