In front of a packed, standing room only crowd, Leland Town Council unanimously voted to ban open burning for land-clearing activities during a meeting held on October 20, 2025

The ability of Leland to enact this local ordinance has been affirmed by North Carolina General Statute § 160A-174, which grants municipalities the authority to pass ordinances concerning the "health, safety, or welfare of its citizens". The statute explicitly allows local governments to enact their own open burning ordinances, so long as they comply with state law. This means that municipalities can pass stricter rules than state guidelines. 

A Special Council Meeting for the purpose of discussing open burning will be held on Nov. 10 at 3 p.m. at the Leland Cultural Arts Center. This workshop will provide an opportunity for additional public comment as well as potential amendments to the ordinance. 

While this is a major win and step forward for neighbors of this municipality, further changes need to come at a state level as has always been the goal of this petition. As is evident by the number of signatures here as well as the volume of those in attendance tonight, this is an issue North Carolinians take to heart. The health of residents as well as the environment should never take a back seat. We can both respect individual property rights and the health and safety of our communities at the same time. 

ordinance below:

 

Chapter 14 Building and Building Regulations

Sec. 14-157.1 Open Burning for Land Clearing Operations

(a) Definitions.

Land clearing means the uprooting or clearing of vegetation in connection with construction for

buildings, agricultural, residential, commercial, institutional, or industrial development: mining activities;

or the initial clearing of vegetation to enhance property value. This term does not include regularly

scheduled maintenance or property clean-up activities.

Open burning means the burning of any matter in such a manner that the products of

combustion resulting from the burning are emitted directly into the atmosphere without passing through

a stack, chimney, or a permitted air pollution control device.

(b) Statutory authorization.

The Town has authority to pass ordinances relating to open burning per NCGS Section 160A-174

and NCGS Section 106-949. The Town has the power to adopt ordinances that define, regulate, prohibit,

or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the

peace and dignity of their jurisdictions and to define and abate nuisances.

(c) Purpose and Findings.

This ordinance is intended to promote the protection of air quality, reduce potential fire hazards

and wildfires, and improve public health within the Town by restricting open burning for land clearing

purposes.

The Town finds that open burning for land clearing purposes poses significant risks to public

health, safety, and welfare. The smoke from open burning for land clearing purposes can create

emotional and physical distress for residents with respiratory and other health conditions. It can also

create potentially dangerous conditions for motorists by impeding visibility on roadways.

(d) Open Burning Prohibited.

Open burning for land clearing purposes, as described in 15A NCAC 02D .1903 (b) (2), is not

allowed in the corporate limits of the Town.

(e) Limitations and exemptions.

This Article shall not apply to:

1. Open burning of residential yard waste as described in 15A NCAC 02D .1903 (b) (1)

for residential purposes only; or

2. Open burning for campfires, residential or personal heating, or the use of open-

flame cooking devices used in accordance with the provisions of the North Carolina

Fire Prevention Code; or3. Open burning conducted pursuant to a valid permit issued by the North Carolina

division of Air Quality pursuant to 15A NCAC 2D .1900; or

4. Forestry management controlled burning conducted according to North Carolina

Forestry Services guidelines with applicable state permits; or

5. Firefighting training operations conducted by municipal fire departments; or

6. Any permitted burning authorized by state or federal law for agricultural, silvicultural

or wildlife management purposes.

(f) Land clearing alternate disposal methods.

Land clearing debris may be disposed by any other approved method, such as removal to a

permitted solid waste facility, chipping and mulching, or composting at approved facilities.

(g) - Enforcement.

(1) Failure to comply with the provisions of this section shall constitute a Class 3

misdemeanor under G.S. 160A-175 and G.S. 14-4 and a fine in the amount of $500.00 per day,

per violation. Additionally, the fire chief or his designee may enforce the provisions of this article

in civil court and seek any and all appropriate remedies authorized by G.S. 160A-175. Each day's

continuing violation shall constitute a separate and distinct offense.

(2) Compliance with the fire chief's notice of violation and order to correct.

(a) Immediate action orders. The fire chief or his designee may issue immediate

correction orders for violations of the North Carolina Fire Prevention Code that

constitute an imminent hazard to life and property. Failure to correct such violation

within 24 hours shall result in imposition of a civil penalty in the amount of $500.00 per

day, per violation, until the violation has been completely corrected and the fire chief's

correction order to correct shall so state. The order shall also state that if the violation is

not corrected within 24 hours, a civil complaint for collection of penalties and any

unpaid fees owed under this chapter may be initiated and that other legal proceedings

including criminal prosecution related to the violation may be initiated. Repeated

violations shall subject the violator to higher civil penalties set forth in this article.