2009 North Carolina Code
Chapter 113 - Conservation and Development.
§ 113-60.42. Immunity from liability.
§ 113‑60.42. Immunity from liability.
(a) Any prescribed burning conducted in compliance with G.S. 113‑60.43 is in the public interest and does not constitute a public or private nuisance.
(b) A landowner or the landowner's agent who conducts a prescribed burning in compliance with G.S. 113‑60.43 shall not be liable in any civil action for any damage or injury caused by or resulting from smoke.
(c) Notwithstanding subsections (a) and (b), this section does not apply when a nuisance or damage results from a negligently or improperly conducted prescribed burning. (1999‑121, s. 1.)
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