{"data":{"id":"us-nc/n.c.-gen.-stat.-106-950","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 106-950","heading":"Exempt fires; no permit fees.","body":"(a)\tThis 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.\n(a1)\tExcept 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:\n(1)\tThe burning does not violate any State or federal ambient air quality standards.\n(2)\tThe burning is conducted between an hour after sunrise and an hour before sunset.\n(3)\tThe 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.\n(4)\tThe burning is conducted in a manner such that it does not constitute a public nuisance.\n(5)\tThe burning is conducted by any of the following means:\na.\tBy professionally manufactured equipment solely for the purpose of plastic mulch burning or incineration and approved by the Commissioner.\nb.\tBy a fire that is enclosed in a noncombustible container.\nc.\tBy a fire that is restricted to a pile no greater than eight feet in diameter built upon ground cleared of all combustible material.\n(a2)\tExcept 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.\n(b)\tNo charge shall be made for the granting of any permit required by this Article. (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).)","path":["Chapter 106. Agriculture.","Article 78. Regulation of Open Fires."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_106/GS_106-950.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:16:07Z","sha256":"510bd103e20481cd146cdab09caca3829312be14aa529071edc6f84b450ad3be","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-106-949","next":"us-nc/n.c.-gen.-stat.-106-951"},"notice":"GroundRules: Original legal text. Not legal advice."}