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General Questions About Open Burning Relating to Air Quality
I need to do some open burning which is not in compliance with 15A NCAC 2D .1900. Can I get a permit from the Division of Air Quality? [Back to Top]
No, not any longer. At one time there was a provision for this in the rules, but that provision has been removed. The only permit authorized by the rule is for a permanent air curtain
burning facility.
How long have air quality open burning regulations been in effect? [Back to Top]
Since the early 1970s
How often do the rules change? [Back to Top]
Typically the rules undergo a major revision every five to ten years, with more frequent minor updates.
Do today’s rules differ significantly from the original rules written back in the 1960’s? [Back to Top]
No. Although the rules have been expanded and refined numerous times, the basic intent and content of the
rules remains the same.
What is the maximum civil penalty for a violation of 15A NCAC 2D .1900 “Open Burning?” [Back to Top]
$25,000 per violation.
Can a person go to jail for violations of 15A NCAC 2D .1900?[ [Back to Top]
Yes. North Carolina General Statute 143.215.6 provides, in addition to the civil penalty mentioned above, a fine up to $15,000 per day of violation, imprisonment up to six months, or both. These sanctions are provided for persons who willfully or negligently violate any environmental standard pursuant to NCGS 143-215. Repeat offenders are subject to fines and imprisonment terms double these amounts.
Who can enforce the criminal provisions contained in 143.215.6?[ [Back to Top]
Any duly sworn law enforcement officer of an agency having jurisdiction in North Carolina.
If I conduct open burning in compliance with 15A NCAC 2D .1900, can I still be sued? [Back to Top]
Yes.
Can localities adopt rules about open burning more stringent than those contained in 15A NCAC 2D .1900?[ [Back to Top]
Yes.
Can localities make rules the same or similar to those contained in 15A NCAC 2D .1900 or incorporate 2D .1900 rules by reference?[ [Back to Top]
Yes.
What area of North Carolina does 15A NCAC 2D .1900 apply to?[ [Back to Top]
The rule applies to all areas unless the area is served by a duly certified local air pollution control program. Currently Forsyth, Buncombe, and Mecklenburg counties have such programs. Contact those counties for details.
Can I get a copy of the open burning regulations written in Spanish?[ [Back to Top]
Yes you can get a summary in Spanish. The “Don’t Get Burned!” open burning regulations brochure is available in Spanish at your regional office.
Can I get a copy of the open burning regulations from my Forest Resources burn permit agent?[ [Back to Top]
Yes. A summary of these regulations is printed on the back of your burn permit.
I am aware that an illegal fire is burning on my property but I did not cause it.
Am I allowed to let the fire continue burning because I did not cause it?[ [Back to Top]
No. You cannot cause, allow, or permit illegal open burning.
Open Burning of Leaves, Branches and Yard Trimmings
I have cut saplings on my property. Can I burn the entire trees? [Back to Top]
Leaves, tree branches and yard trimmings may be burned provided logs and stumps are excluded. A log is considered to be anything greater than 6 inches in diameter.
I have public pickup service in my area but it is difficult for me to transport my yard waste to the curb for collection. Am I allowed to burn it? [Back to Top]
A. No. If public pickup service is available, yard waste may not be burned.
I do not have public pickup service in my area, but private companies offer this service for a fee. Am I allowed to burn my yard waste? [Back to Top]
Yes
I live in a municipality that offers pickup of yard wastes six months out of the year, but does not offer pickup service the other six months. Am I allowed to burn my yard waste? [Back to Top]
You may only burn your yard waste during the period when pickup service is not offered.
May I burn my garbage or other household trash? [Back to Top]
No.
I live in a managed neighborhood that offers leaf collection. Can the management collect leaves then burn the collected leaves in a central location? [Back to Top]
No. Leaves must be burned on the premises upon which they originate.
I live in a managed neighborhood that operates a golf course. Can the management burn leaves and yard trimmings originating from the clubhouse or golf course? [Back to Top]
No. Only leaves, tree branches and yard trimmings originating on private residences may be burned.
If I burn leaves or yard trimmings between 8:00 AM and 6:00 PM, does the fire need to be completely out at 6:00 PM? [Back to Top]
No. However no additional material may be added after 6:00 PM until 8:00 AM the following day.
My neighbor thinks my yard waste burning stinks. Is this considered a nuisance and can I be prohibited from open burning solely because he/she objects to the odor? [Back to Top]
No.
My neighbor is getting ashes from my yard waste burning in his/her swimming pool. Is it considered a nuisance and can I be prohibited from open burning solely because of this? [Back to Top]
Yes.
My neighbor thinks I am burning yard waste too close to his/her property and my fire may get out of control and damage his/her property. Is it considered a nuisance and can I be prohibited from open burning soley because of this? [Back to Top]
No.
May I burn grass clippings as yard waste? [Back to Top]
Yes.
May I burn off my lawn or garden as yard waste? [Back to Top]
No. Unless it is recommended by the NC Department of Agriculture.
Can I burn my yard waste when the Division of Forest Resources has banned burning in my area? [Back to Top]
No. Burning yard waste during a Division of Forest Resources ban constitutes a violation of 15A NCAC 2D .1900 as well as the Division of Forest Resources regulation.
Burning Debris From Land Clearing
Can I burn closer than 250 feet to a highway? [Back to Top]
Yes, if prevailing winds are blowing away from the highway.
What are prevailing winds? [Back to Top]
A. The term is not defined in 15A NCAC 2D .1900, so should be interpreted as the most frequent direction of the wind over the majority of a time period. Wind direction predictions can usually be obtained from local weather forecasts.
I am less than 1000 feet from occupied structures but have permission from all residents within 1000 feet from where I intend to burn. May I go ahead and burn? [Back to Top]
No. Any such request must first be obtained in the form of signed waivers from all occupants within 1000 feet, and presented to the Regional Supervisor having jurisdiction in your area. Only the Regional Supervisor can grant the actual permission.
What documentation should I obtain to submit to the Regional Supervisor in order to get permission to burn within 1000 feet of occupied structures? [Back to Top]
You should generally get a signed waiver from each household within 1000 feet, a clear map showing the location of the burning and each affected household, and you should provide a statement that no one was forced or coerced into signing the waiver.
I have rental houses located on my property where the burning will be conducted. Are the tenants of these houses considered in the 1000-foot clearance requirements? [Back to Top]
Yes. The Attorney General’s Office has rendered an opinion that tenants renting property assume ownership rights associated with that property during the rental period. Therefore, tenants closer than 1000 feet are treated the same as anyone else
I have rental houses but these are not actually located on the property where the burning will occur. Are the tenants of these houses considered in the 1000-foot clearance requirements? [Back to Top]
Yes. Structures located outside the property where the burning is occurring must be included in the 1000-foot setback unless they are vacant.
I am less than 1000 feet from occupied structures and I need to get signed waivers before burning. Can I use my own waiver form instead of using the DAQ Waiver form? [Back to Top]
Yes. You should first call your regional office for guidance in preparing your form.
If I use a temporary air curtain burner, how far must I be from occupied structures in order to burn landclaring debris? [Back to Top]
500 feet.
May I use tires to assist in burn my land clearing debris? [Back to Top]
No.
What fuels may I use to start my land clearing debris piles burning? [Back to Top]
Kerosene, distillate oil, or diesel fuel.
May I use motor oil to assist in burning my land clearing debris? [Back to Top]
No.
May I use land clearing debris burning as an opportunity to dispose of old, contaminated, or otherwise spent fuels? [Back to Top]
No.
May I burn my land clearing debris even though some of my neighbors are claiming my activities are a nuisance? [Back to Top]
The nuisance provisions that pertain to burning of leaves, tree branches and yard trimmings do not apply to land clearing.
Can I burn my land clearing debris when the Division of Forest Resources has banned burning in my area? [Back to Top]
No. Burning land-clearing debris during a Division of Forest Resources ban constitutes a violation of 15A NCAC 2D .1900 as well as the Division of Forest Resources regulation.
Can I move my land clearing debris around my own site in order to obtain the necessary 1000 feet clearance or for other reasons to facilitate my efforts? [Back to Top]
Yes, as long as the burning is conducted on the same site where the materials originate
Can I transport my land clearing debris off site to be burned at another location? [Back to Top]
Generally not, but this is allowed if the other location uses a properly permitted and properly operated air curtain burner to burn the land clearing debris. According to 15A NCAC 2D .1903(b)(2) “Debris from land clearing or right-of way maintenance may be carried off-site for open burning to facilities permitted in accordance with Rule .1904 of this Section for the operation of an air curtain burner. At present there are few, if any such facilities.
Other Types of Open Burning
Is open burning of hay or cotton bales, for the sole purpose of waste disposal, an agricultural practice acceptable to the NC Department of Agriculture? [Back to Top]
No.
Are there certain restrictions for campfires, bonfires, and other ceremonial fires? [Back to Top]
Yes. These fires cannot create a public nuisance and you cannot use synthetic materials, refuse, or salvageable materials for fuel.
If I have camp fires and fires used solely for outdoor cooking and other recreational purposes, or for ceremonial occasions, or for human warmth and comfort, and the Division of Forest Resources has banned burning in my area, does this also constitute an air quality violation? [Back to Top]
No. Unlike the previous categories it is not considered a violation of 15A NCAC 2D .1900, but may be a violation of the Division of Forest Resources ban itself.
Is my church allowed to burn leaves from Palm Sunday? [Back to Top]
Yes.
Is my church allowed to burn leaves, tree branches and yard trimmings? [Back to Top]
No.
What are dangerous materials and when may they be burned? [Back to Top]
Dangerous materials are defines as explosives or containers used in the holding or transporting of explosives.
Air Curtain Burners
What is a temporary air curtain burner? [Back to Top]
An air curtain burner used at a site less than nine months. An air quality permit for the air curtain burner is not required provided the only thing burned is land clearing debris from the site where the air curtain burner is located.
What is a permanent air curtain burner? [Back to Top]
Any air curtain burner used at a site for nine months or more, or used to burn any material imported from a remote site. A permanent air curtain burner or one burning imported materials requires a regular air quality permit.
If a temporary air curtain burner is used to burn land clearing debris, how far must it be located from occupied structures? [Back to Top]
500 feet.
If an air curtain burner is required, must a certified visible emissions operator be on site? [Back to Top]
Yes.
Fire Training Open Burning
Do all open burning activities involved in fire training require notification? [Back to Top]
No. Open burning activities at permanent fire training facilities do not require notification. Additionally, those activities conducted under the supervision or cooperation of the Division of Forest Resources, the North Carolina Insurance Department, the North Carolina Technical Institutes or the North Carolina community colleges do not require notification to the Division of Air Quality.
Why was the 48-hour notification requirement changed to 10 days? [Back to Top]
A. The 10-day notification request is a guideline. Several fire departments have expressed concern that the 48-hour guideline for notification to the Division of Air Quality and the 10 day notification requirement for the Health Hazards Control Unit were confusing. Thus, the guideline was changed to help synchronize these two notifications.
Is the 10 day notification a requirement for notification to the Health Hazards Control Unit, or just a guideline? [Back to Top]
This notification deadline is a requirement per 40 CFR 61 subpart M. Since burning of a structure is considered a demolition, the 10-day notification is required just as it would be for any demolition as defined in the CFR. Since this is a federal regulation, neither the Division of Air Quality nor the Health Hazards Control unit can change this deadline.
What is RACM? [Back to Top]
This is an acronym for Regulated Asbestos Containing Material that is friable or can become friable in nature. Since most materials containing asbestos become friable when a structure is burned, these materials must be removed before the burning takes place. All structures to be burned or otherwise demolished must be inspected for asbestos by an accredited inspector. Contact the Health Hazards Control Unit for details.
If a structure is burned without notification to the Health Hazards Control Unit, but the Division of Air Quality has been notified, is this a violation of Air Quality Regulations? [Back to Top]
Yes. 15A NCAC 2D.1903(b)(11)(A) requires the HHCB (now HHCU or Health Hazards Control Unit) be notified so failure to notify the Health Hazards Control Unit would also be a violation of 15A NCAC 2D.1900 "Open Burning."
Can a demolished structure be approved for fire training open burning? [Back to Top]
No.
Can a motor vehicle be approved for fire training open burning? [Back to Top]
Yes.
Do non-asbestos roofing shingles have to be removed from a building before a fire training exercise can be approved? [Back to Top]
No.
A laboratory report stated that a roofing shingle sample contained 0.25% asbestos by the point count method and <1% asbestos by the standard method. Based on this information, must the shingles be removed from the building before the fire training exercise can be approved? [Back to Top]
No. A sample reported to contain asbestos equal to or less than 1% would not be a regulated asbestos containing material as defined in 40 CRF 61.145, and the shingles would not have to be removed for approval. However, since the material contains a known amount of asbestos, regulations from other agencies may also apply and should be considered.
If I fail to comply with the regulations of the Health Hazards Control Unit as well as the Division of Air Quality, can I be assessed a civil penalty from both agencies. Isn’t this double jeopardy? [Back to Top]
You could be assessed a civil penalty from either or both agencies. It is not double jeopardy since the agencies are independent from one another and have different rules. Always remember that compliance with the rules of one agency does not guarantee compliance with another.
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