Open burning in the city is restricted and here’s why

Published on April 04, 2025

FAYETTEVILLE, N.C. - While the recent wildfires in Western North Carolina and the subsequent statewide burn ban brought attention to the dangers of outdoor burning, residents should be aware that open burning within the city limits is prohibited year-round.

Both open fires and the floating embers that they produce pose a danger to residential and commercial properties.

In an effort to protect properties from wildfires, the city adopted an ordinance that prohibited open burring on May 9, 2011. This prohibits the burning of yard debris, trash, construction, building and hazardous materials unless permitted by the State of North Carolina and the city.

The fire marshal has the authority to set rules or even ban outdoor burning to help keep people and property safe from fires. These restrictions can be stricter than those set by the North Carolina Department of Natural Resources (NCDNR) but cannot be more lenient. The Fire Marshal works closely with the NCDNR to ensure all fire safety rules are aligned with state regulations.

Justin McLaurin took on the job title and responsibilities for the Fire Marshal in 2024.

"Open burning restrictions are in place to protect our community from the dangers of uncontrolled fires and harmful air pollution,” McLaurin stated. “By following these regulations, we can prevent property damage, reduce health risks, and ensure the safety of our residents and first responders.”

While the ordinance prohibits open burning, there are few exceptions.

Many families and friends enjoy gathering around portable or stationary outdoor fireplaces and fire pits. These are acceptable; however, they must be made from non-combustible materials, and they must be used according to the manufacturer’s instructions. They also must be at least 15 feet from commercial structures or combustible materials. They cannot be used to burn rubbish or yard waste.

“Fires in authorized containers used solely for food preparation or warmth, including charcoal, gas, propane or electric grills, camp stoves, manufactured hibachis and wood smokers” falls under the exceptions of the ordinance.

For large fires, such as land clearing burns, is considered open burning requiring a fire permit. The Fire Marshal has the authority to approve or deny a permit for any reason deemed necessary to protect the safety, health of the citizens of Fayetteville.

These exceptions do not remove a person’s responsibility for any damage, injury, or consequences that may result. It also does not exempt anyone from following regulations set by the North Carolina Air Pollution Control Agency or other authorities responsible for fire safety and pollution control.

For anyone considering conducting open burning must notify the Fire Marshal Office by phone at 910-433-1730 providing details such as location and purpose for burning. Residents are encouraged to visit FayettevilleNC.gov/Fire to learn more about the city’s open burning ordinance.

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