New Hanover and Pender counties now considered high hazard for open burning under new rules

With the legislature’s passage and Governor’s signing of Senate Bill 401, also known as the North Carolina Farm Act of 2025-2026, New Hanover and Pender counties join 19 other counties considered to be high hazard for open burning. This change became effective June 22, 2026.

“As more people move to and visit North Carolina each year, wildfire risk increases across the state,” said Agriculture Commissioner Steve Troxler. “Appropriate regulation over open burning is a necessary tool to reduce risk, especially in high hazard counties where wildfires have the potential to get big quick and to burn more intensely for longer periods of time simply because of organic soil makeup.”

In North Carolina, the law recognizes a high hazard county as one that contains a high percentage of land area with organic soil and forest types which can pose substantial challenges for controlling wildfire and air pollution incidents. Additional regulation of open burning is deemed necessary in these counties.

What can landowners in New Hanover and Pender counties expect with the change?

• To conduct open burning in any area located more than 100 feet from an occupied dwelling, an open burning permit issued by the N.C. Forest Service is always required regardless of when the burning will take place. Previously, in these counties, an open burning permit issued by the N.C. Forest Service was only required between the hours of midnight and 4 p.m.
• To conduct open burning for ground clearing activities in any area more than five contiguous acres in size and that involves vegetative debris and stumps, a special permit from the N.C. Forest Service is required. This special permit stipulates that additional safety conditions must be met before burning takes place. Additional safety measures address concerns associated with prevailing winds and smoke, the location of burning, the amount of organic soil or material that will be burned and allowable times for burning to occur.

Consistent with counties that are not considered high hazard for open burning, any individual or entity in New Hanover and Pender counties found to be conducting an open burn without the appropriate valid permit issued by the N.C. Forest Service may be required to extinguish the fire immediately or, upon refusal, may have their fire extinguished by a N.C. Forest Service ranger. The individual or entity may also be held responsible for damages that result from the fire.

Landowners and the public can find more information about North Carolina’s open burning law, including additional rules for safe burning in high hazard counties, on the N.C. Forest Service website.

Open burning permits can be obtained from the N.C. Forest Service online or in person at a N.C. Forest Service county office or authorized local burn permitting agent. Contact information is available online.

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