§ 113-60.23. High hazard counties; permits required; standards. - North Carolina Statutes

§ 113‑60.23.  High hazard counties; permitsrequired; standards.

(a)        The provisions of this section apply only to the counties ofBeaufort, Bladen, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare,Duplin, Gates, Hyde, Jones, Onslow, Pamlico, Pasquotank, Perquimans, Tyrrell,and Washington which are classified as high hazard counties in accordance withG.S. 113‑60.21.

(b)        It is unlawful for any person to willfully start or cause tobe started any fire in any woodland under the protection of the Department orwithin 500 feet of any such woodland without first having obtained a permitfrom the Department. Permits for starting fires may be obtained from forestrangers or other agents authorized by the county forest ranger to issue suchpermits in the county in which the fire is to be started. Such permits shall beissued by the ranger or other agent unless permits for the area in questionhave been prohibited or cancelled in accordance with G.S. 113‑60.25 or113‑60.27.

(c)        It is unlawful for any person to willfully burn any debris,stumps, brush or other flammable materials resulting from ground clearingactivities and involving more than five contiguous acres, regardless of theproximity of the burning to woodland and on which such materials are placed inpiles or windrows without first having obtained a special permit from theDepartment. Areas less than five acres in size will require a regular permit inaccordance with G.S. 113‑60.23(b).

(1)        Prevailing winds at the time of ignition must be away fromany city, town, development, major highway, or other populated area, theambient air of which may be significantly affected by smoke, fly ash, or otherair contaminates from the burning.

(2)        The location of the burning must be at least 1,000 feet fromany dwelling or structure located in a predominately residential area otherthan a dwelling or structure located on the property on which the burning isconducted unless permission is granted by the occupants.

(3)        The amount of dirt or organic soil on or in the material tobe burned must be minimized and the material arranged in a way suitable tofacilitate rapid burning.

(4)        Burning may not be initiated when it is determined by aforest ranger, based on information supplied by a competent authority that stagnantair conditions or inversions exist or that such conditions may occur during theduration of the burn.

(5)        Heavy oils, asphaltic material, or items containing naturalor synthetic rubber may not be used to ignite the material to be burned or topromote the burning of such material.

(6)        Initial burning may be commenced only between the hours of9:00 A.M. and 3:00 P.M. and no combustible material may be added to the firebetween 3:00 P.M. on one day and 9:00 A.M. on the following day, except thatwhen favorable meteorological conditions exist, any forest ranger authorized toissue the permit may authorize in writing a deviation from the restrictions. (1981, c. 1100, s. 2; 1981 (Reg. Sess., 1982), c. 1165; c. 1385, s. 2;2002‑132, s. 1.)