New Hanover and Pender Counties face stricter open burning regulations

RALEIGH, NC (WWAY) — Landowners in New Hanover and Pender counties will face stricter open burning regulations following the passage of Senate Bill 401, the North Carolina Farm Act of 2025-2026.

The new law, which took effect June 22 after being signed by Gov. Josh Stein, designates New Hanover and Pender as high-hazard counties for open burning. The addition brings the statewide total to 21 counties subject to enhanced regulations aimed at reducing wildfire risk.

“As more people move to and visit North Carolina each year, wildfire risk increases across the state,” Agriculture Commissioner Steve Troxler said. “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.”

Under North Carolina law, high-hazard counties are those with significant areas of organic soils and forest types that make wildfires more difficult to control and increase the potential for air pollution incidents. Additional regulations are intended to reduce those risks.

What Changes for Landowners?

The designation means New Hanover and Pender county residents must now follow stricter permitting requirements for outdoor burning.

For open burning conducted more than 100 feet from an occupied dwelling, a permit from the N.C. Forest Service is now required at all times. Previously, permits in those counties were only required between midnight and 4 p.m.

Ground-clearing burns involving more than five contiguous acres of vegetative debris and stumps will also require a special permit from the N.C. Forest Service. The permit includes additional safety requirements related to prevailing winds, smoke management, burn location, the amount of organic material involved and approved burning times.

Officials say the changes align New Hanover and Pender with other high-hazard counties across the state, where wildfire conditions can escalate rapidly.

Permit Compliance Required

Anyone conducting an open burn without the required permit may be ordered to extinguish the fire immediately. If they refuse, a North Carolina Forest Service ranger may put out the fire, and the responsible party could be held liable for any resulting damages.

The N.C. Forest Service encourages residents to review North Carolina’s open burning laws before conducting outdoor burns.

Open burning permits are available online or in person through N.C. Forest Service county offices and authorized local burn permitting agents.