Tree waste rules in North Carolina: open burning of limbs, brush and land clearing

This page reports what the official source says. It is not legal advice: ask the office named here. It follows the North Carolina Department of Environmental Quality (DEQ) Division of Air Quality and its open burning rule, 15A NCAC 2D .1900.

What can be burned

The DEQ open burning page says North Carolina law prohibits burning trash and non-vegetative materials, and that leaves, branches and other plant growth can be burned under certain conditions. It sums up the key rule as "If it doesn't grow, don't burn it". The materials it lists as allowed are natural vegetation from your own yard and logs, stumps, limbs and other natural vegetation from land clearing. The Division of Air Quality enforces the rule, and violators can be fined up to US$25,000.

The rule was first adopted in 1971 and the page says it was last amended by the General Assembly in 2015. Local ordinances, local burn bans and N.C. Forest Service permit requirements can also apply, and compliance with the state rule does not guarantee compliance with them.

Hours and air quality

Residential yard waste and commercial land clearing burning can only happen between 8 a.m. and 6 p.m. No new vegetation can be added to a pile after 6 p.m.
Burning is allowed only when the air quality forecast is Code Green or Code Yellow. Code Orange, Red or Purple days are prohibited.

Yard waste and land clearing

Yard waste must originate at a private residence and be burned on that site, only if local ordinances allow it and public pickup is not available. Land clearing is defined as uprooting or clearing vegetation in connection with construction, land development or mining, or the initial clearing of vegetation to enhance property value. As a general rule the vegetation should come from the site where the burn is taking place. Kerosene or diesel fuel may start a land-clearing fire, but no other man-made materials can be burned. Piles must be at least 500 feet from occupied structures and at least 250 feet from any public road when the prevailing winds blow toward the road.

The DEQ open burning regulations page explains a 2013 change. Vegetation from land-clearing operations may be transported off site and burned elsewhere if it is burned not more than four times a year, is at least 500 feet from occupied buildings, and forms no more than two piles less than 20 feet in diameter. It also says the 2014 session removed the restriction on burning stumps and logs over 6 inches in diameter for homeowners.

Permits

The Division of Air Quality does not issue burn permits. The N.C. Forest Service may require an open burning permit before certain fires, including fires in protected areas. Permits come through the Forest Service online application, a county office or a local permitting agent. The DEQ press release of March 9, 2026 adds that violators can be fined up to US$25,000 per violation per day, and that careless debris burning is the leading cause of wildfires in the state.

Campfires

Campfires, outdoor cooking fires and bonfires are allowed unless local ordinances or temporary burn bans prohibit them, provided only vegetation such as firewood is burned and the fire is controlled and never left unattended.

For other places see the tree waste rules overview.