§ 113-60.43. Prescribed burning.
§ 113‑60.43. Prescribed burning.
(a) Prior to conducting a prescribed burning, the landownershall obtain a prescription for the prescribed burning prepared by a certifiedprescribed burner and filed with the Division of Forest Resources, Departmentof Environment and Natural Resources. A copy of the prescription shall beprovided to the landowner. A copy of this prescription shall be in thepossession of the responsible burner on site throughout the duration of theprescribed burning. The prescription shall include:
(1) The landowner's name and address.
(2) A description of the area to be burned.
(3) A map of the area to be burned.
(4) An estimate in tons of the fuel located on the area.
(5) The objectives of the prescribed burning.
(6) A list of the acceptable weather conditions and parametersfor the prescribed burning sufficient to minimize the likelihood of smokedamage and fire escaping onto adjacent areas.
(7) The name of the certified prescribed burner responsible forconducting the prescribed burning.
(8) A summary of the methods that are adequate for theparticular circumstances involved to be used to start, control, and extinguishthe prescribed burning.
(9) Provision for reasonable notice of the prescribed burning tobe provided to nearby homes and businesses to avoid effects on health andproperty.
(b) The prescribed burning shall be conducted by a certifiedprescribed burner in accordance with a prescription that satisfies subsection(a) of this section. The certified prescribed burner shall be present on thesite and shall be in charge of the burning throughout the period of theburning. A landowner may conduct a prescribed burning without being a certifiedprescribed burner if the landowner is burning a tract of forestland of 50 acresor less owned by that landowner and is following all conditions established ina prescription prepared by a certified prescribed burner.
(c) Prior to conducting a prescribed burning, the landowner orthe landowner's agent shall obtain an open‑burning permit under Article4C of this Chapter from the Division of Forest Resources, Department ofEnvironment and Natural Resources. This open‑burning permit must remainin effect throughout the period of the prescribed burning. The prescribedburning shall be conducted in compliance with all the following:
(1) The terms and conditions of the open‑burning permitunder Article 4C of this Chapter.
(2) The State's air pollution control statutes under Article 21and Article 21B of Chapter 143 of the General Statutes and any rules adoptedpursuant to these statutes.
(3) Any applicable local ordinances relating to open burning.
(4) The voluntary smoke management guidelines adopted by theDivision of Forest Resources, Department of Environment and Natural Resources.
(5) Any rules adopted by the Division of Forest Resources,Department of Environment and Natural Resources, to implement this Article. (1999‑121, s. 1.)