§ 113-60.28. Control of existing fires.
§ 113‑60.28. Control of existing fires.
(a) If a fire is set without a permit required by G.S. 113‑60.23,113‑60.24 or 113‑60.25 and is set in an area in which permits areprohibited or cancelled at the time the fire is set, the person responsible forsetting the fire or causing the fire to be set shall immediately extinguish thefire or take such other action as directed by any forest ranger authorized toissue permits under G.S. 113‑60.23(c). In the event that the personresponsible does not immediately undertake efforts to extinguish the fire ortake such other action as directed by the forest ranger, the Department mayenter the property and take reasonable steps to extinguish or control the fireand the person responsible for setting the fire shall reimburse the Departmentfor the expenses incurred by the Department. A showing that a fire isassociated with land‑clearing activities is prima facie evidence that theperson undertaking the land clearing is responsible for setting the fire orcausing the fire to be set.
(b) If a fire requiring a permit under G.S. 113‑60.23(c)is set without a permit and a forest ranger authorized to issue such permitsdetermines that a permit would not have been issued for the fire at the time itwas set, the person responsible for setting the fire or causing the fire to beset shall immediately take such action as the forest ranger directs toextinguish or control the fire. In the event the person responsible does notimmediately undertake efforts to extinguish the fire or take such other actionas directed by the forest ranger, the Department may enter the property andtake reasonable steps to extinguish or control the fire and the personresponsible for setting the fire shall reimburse the Department for theexpenses incurred by the Department. A showing that a fire is associated withland‑clearing activities is prima facie evidence that the personundertaking the land clearing is responsible for setting the fire or causingthe fire to be set.
(c) If a fire is set in accordance with a permit but the burningis taking place contrary to the conditions of the permit, any forest rangerwith authority to issue permits in the area in question may order the permitteein writing to undertake the steps necessary to comply with the conditions ofhis permit. If the permittee is not making a reasonable effort to comply withthe order, the forest ranger may enter the property and take reasonable stepsto extinguish or control the fire and the permittee shall reimburse theDepartment for the expenses incurred by the Department. (1981, c. 1100, s. 2.)