(a)        This Article does not apply to any fires started, or caused to be started, within 100 feet of an occupied dwelling house if the fire is confined (i) within an enclosure from which burning material may not escape or (ii) within a protected area upon which a watch is being maintained and which is provided with adequate fire protection equipment.

(a1)      Except in cases where the Commissioner has prohibited all open burning during periods of hazardous forest fire conditions or during air pollution episodes declared pursuant to Article 21B of Chapter 143 of the N.C. Gen. Stat., this Article does not apply to, and no air quality permit shall be required for, the burning of polyethylene agricultural plastic used in connection with agricultural operations related to the growing, harvesting, or maintenance of crops, when all of the following conditions apply:

(1)        The burning does not violate any State or federal ambient air quality standards.

(2)        The burning is conducted between an hour after sunrise and an hour before sunset.

(3)        The fire is set back at least 250 feet from any paved public roadway and at least 500 feet from any dwelling, group of dwellings, commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted.

(4)        The burning is conducted in a manner such that it does not constitute a public nuisance.

(5)        The burning is conducted by any of the following means:

a.         By professionally manufactured equipment solely for the purpose of plastic mulch burning or incineration and approved by the Commissioner.

b.         By a fire that is enclosed in a noncombustible container.

c.         By a fire that is restricted to a pile no greater than eight feet in diameter built upon ground cleared of all combustible material.

(a2)      Except in cases where the Commissioner has prohibited all open burning during periods of hazardous forest fire conditions or during air pollution episodes declared pursuant to Article 21B of Chapter 143 of the N.C. Gen. Stat., this Article does not apply to any fires started, or caused to be started, for cooking, warming, or ceremonial events, if the fire is confined (i) within an enclosure from which burning material may not escape or (ii) within a protected area upon which a watch is being maintained and which is provided with adequate fire protection equipment.

(b)        No charge shall be made for the granting of any permit required by this Article. ?(1981, c. 1100, s. 2; 2011-145, s. 13.25(w); 2015-286, s. 4.39(a); 2017-102, s. 15.2; 2021-78, s. 3(a).)