§ 50.06 BURNING OF GARBAGE OR TRASH.
   (A)   Burning permit.
      (1)   It shall be unlawful for any person to burn without first obtaining a permit from the town.
      (2)   Permits to burn must be issued by the town. The town employees are charged with having to contact the Local Forestry Service to ensure that it is safe to burn.
      (3)   There will be no cost for the burning permit.
      (4)   Burning permits shall be good for no more than three days. This will account for weekend burning and allow control of burning.
      (5)   Burning permits should be three-part paper with one copy for the person requesting the permit, one copy for the town, and one copy for the town’s Volunteer Fire Department.
      (6)   No permit shall be issued for the burning of refuse that is in violation of any state or local air quality open burning regulation.
      (7)   Any person or persons in violation of the burning ordinance may be fined by the state’s Division of Air Quality, the state’s Forestry Service, and the town. The fire will be extinguished if said violation occurs.
   (B)   Burning restrictions for residents.
      (1)   Residents can only burn what is in their yards. Leaves, branches, and other plant growth can be burned.
      (2)   All materials to be burned must be at least 50 feet away from any structure. This includes structures on their land or their neighbor’s land.
      (3)   There must be a continuous water source at the fire while it burns.
      (4)   The person doing the burning must stay with the fire the entire time the fire burns. If the person must leave, then the fire must be extinguished.
      (5)   The burning cannot be a public nuisance.
      (6)   Campfires, outdoor barbeques, and bonfires for festive occasions are allowed.
   (C)   Burning restrictions for large landowners or contractors. Landowners or contractors can also open burn vegetation to clear land or a right-of-way, provided that:
      (1)   Burning is done on the site of origin;
      (2)   Prevailing winds are away from built up areas and roads. If winds are blowing toward public roads, then the fire must be at least 250 feet away;
      (3)   Fires are to be at least 1,000 feet away from occupied buildings. Lesser distances may be allowed if all property owners in the area sign written waivers;
      (4)   Burning is to be done between the hours of 8:00 a.m. and 6:00 p.m., and nothing is to be added to the fire outside of these hours; and
      (5)   Prior approval must be obtained by landowner or contractor from the Division of Air Quality Regional Supervisor in Mooresvilie, North Carolina - (704) 663-1699.
(Prior Code, § 4-2006) (Ord. passed 6-16-1964; Ord. passed 2-8-2001) Penalty, see § 50.99
Statutory reference:
   Extensive state regulations are in effect with respect to the open burning of trash and refuse; see Dept. of Environmental Management, Regulations Governing the Control of Air Pollution, §§ 1.3. et seq.