2009 North Carolina Code
Chapter 113 - Conservation and Development.
§ 113-60.43. Prescribed burning.

§ 113‑60.43.  Prescribed burning.

(a)        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 Division of Forest Resources, Department of Environment and Natural Resources. 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:

(1)        The landowner's name and address.

(2)        A description of the area to be burned.

(3)        A map of the area to be burned.

(4)        An estimate in tons of the fuel located on the area.

(5)        The objectives of the prescribed burning.

(6)        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.

(7)        The name of the certified prescribed burner responsible for conducting the prescribed burning.

(8)        A summary of the methods that are adequate for the particular circumstances involved to be used to start, control, and extinguish the prescribed burning.

(9)        Provision for reasonable notice of the prescribed burning to be provided to nearby homes and businesses to avoid effects on health and property.

(b)        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 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.

(c)        Prior to conducting a prescribed burning, the landowner or the landowner's agent shall obtain an open‑burning permit under Article 4C of this Chapter from the Division of Forest Resources, Department of Environment and Natural Resources. 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:

(1)        The terms and conditions of the open‑burning permit under Article 4C of this Chapter.

(2)        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.

(3)        Any applicable local ordinances relating to open burning.

(4)        The voluntary smoke management guidelines adopted by the Division of Forest Resources, Department of Environment and Natural Resources.

(5)        Any rules adopted by the Division of Forest Resources, Department of Environment and Natural Resources, to implement this Article. (1999‑121, s. 1.)