Tree waste rules in South Carolina: Regulation 61-62.2 on open burning, land clearing piles and the notification law

This page reports what the official source says. It is not legal advice: ask the office named here. It follows Regulation 61-62.2, Prohibition of Open Burning, as published by the South Carolina Department of Environmental Services (its regulation history ends with a December 27, 2013 entry), and chapters 34 and 35 of Title 48 of the South Carolina Code of Laws as posted by the state Legislative Services Agency.

The general prohibition and its exceptions

According to the text of Regulation 61-62.2, open burning is prohibited except as the regulation provides. Its first exception covers leaves, tree branches and yard trimmings that come from a private residence's premises and are burned on those premises. Other exceptions cover food preparation, campfires, fire fighter training, fires set under the state's smoke management guidelines for forestry, agriculture and game management, and burning of residential construction waste on the property where it occurs under conditions that include a 500 foot distance and no burning from April 1 through October 30.

Land clearing and right-of-way burning

The regulation exempts open burning for land clearing or right-of-way maintenance in areas that are not predominantly residential, only if all of these minimum conditions are met.

The burn is at least 1,000 feet from public roadways and from all residential, commercial and industrial sites that are not part of the contiguous property.
Winds during the burn blow away from any area whose air smoke could significantly affect.
The material was generated on site and not moved there from another location, with the amount of dirt on it minimized.
Nothing is burned except plant growth: no heavy oils, asphaltic materials or rubber items.
The first lighting is between 9:00 a.m. and 3:00 p.m., and no combustible material is added between 3:00 p.m. and 9:00 a.m. the next day.
No more than two piles of 30 feet by 30 feet, or the equivalent, burn within a six acre area at one time.
In the case of land clearing, all salvageable timber and pulpwood has been removed.

The regulation's general section adds that a written report or warning of a violation at one site is adequate notice for later violations at any site, and that the department may impose other restrictions where it judges them necessary.

The notification law for woodlands and brush

In the Code of Laws, chapter 35 of Title 48 makes it unlawful to start a fire in woodlands, brushlands, grasslands, ditch banks or hedgerows, or in debris or flammable material next to them, unless proper notice is given to the State Forester or a designee, the area is cleared and equipment and personnel are on hand, and the person supervises the fire until it is under control. A lessee or employee needs the landowner's prior authorization. The chapter does not apply to fires inside the limits of a town or city, no burning may occur while the Governor has declared a forest fire emergency, and the State Forester may prohibit all open burning at any time in the interest of public safety. A violation is a misdemeanor with a fine of not more than US$200 or up to 30 days in jail for a first offense, and a fine of not less than US$500 or up to 60 days, or both, for an offense within ten years of a previous one.

Separately, the Prescribed Fire Act requires a written prescribed fire plan and at least one certified prescribed fire manager present for prescribed fires under the chapter, although a later section says a person may conduct a prescribed fire without a certified manager present, and treats fires set under the smoke management guidelines for forest management, agricultural control or game management as exempt from the open burning prohibition.

For other places see the table on tree waste and chip rules. A neighbouring state is on the North Carolina page.

Tree waste rules in South Carolina: Regulation 61-62.2 on open burning, land clearing piles and the notification law

The general prohibition and its exceptions

Land clearing and right-of-way burning

The notification law for woodlands and brush

Sources