In 1999, the state legislature passed a bill (H 316) designed to encourage the use of prescribed fire. The bill amends Chapter 113 of the NC General Statutes by adding a new article (Article 4E) on prescribed burning. The bill limits the liability of private landowners who use fire as part of their forest management program. Under this legislation, local government may not declare smoke from prescribed fire as a public nuisance and landowner liability for any damage caused by smoke from a prescribed fire is limited provided that the burn is conducted by a certified burner and the burn is done in accordance with a prescribed burning plan. A landowner may burn up to 50 acres of their own land provided it is done in accordance with a burning plan prepared and approved by a certified burner.

Contact the N.C. Division of Forest Resources for a list of certified burners and a schedule of training programs.

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