(A) Open burning shall be permitted only in accordance with 15A N.C.A.C.02D.1903, and such other statutes and rules as may be adopted by the state. The statute 15A N.C.A.C.02D.1903 authorizes open burning without a state permit for several purposes, including, but not limited to, the following:
(1) Open burning of leaves, tree branches, or yard trimmings, excluding logs and stumps, if the following conditions are met:
(a) The material burned originates on the premises of private residences, and is burned on those premises;
(b) There are no public pick up services available;
(c) Non-vegetative materials, such as household garbage, lumber, or any other synthetic materials, are not burned;
(d) The burning is initiated no earlier than 8:00 a.m., and no additional combustible material is added to the fire between 6:00 p.m. on one day and 8:00 a.m. on the following day;
(e) The burning does not create a nuisance; and
(f) Material is not burned when the Division of Forest Resources has banned burning for that area.
(2) Open burning for land clearing or right-of-way maintenance if the following conditions are met:
(a) The wind direction at the time that the burning is initiated, and the wind direction as forecasted by the National Weather Service at the time that the burning is initiated, are away from any area, including public roads within 250 feet of the burning, as measured from the edge of the pavement or other roadway surface, which may be affected by smoke, ash, or other air pollutants from the burning; and
(b) The location of the burning is at least 1,000 feet from any dwelling, group of dwellings, or commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted.
(B) For a complete list of open burning activities authorized without a state permit, a property owner should contact either the Code Enforcement Officer, or the staff at the NC DENR, Division of Air Quality.
(Ord. 22-2018, passed 12-3-2018)