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State law requires
that you notify the Forestry Commission prior to burning outdoors. In most
cases, the law applies to burning leaves, limbs and branches that you clean
up from your yard. The notification law does not apply within town or city
limits.
Spartanburg
1-800-517-9640
The law requires that you clear
a firebreak around the burning site and have the right equipment available
to keep the fire under control. You must also stay with the fire until it is
completely safe.
In addition to state laws
regulating outdoor burning, there may be other local ordinances. Be sure to
check on this before burning.
If adjacent to woods,
brush, or grassland,
state law requires you notify the Forestry
Commission before burning construction debris, trade waste, or vegetative
materials from land clearing or right-of-way maintenance. Also included is
any outdoor burning conducted for training purposes. The state notification
law does not apply within town or city limits, but certain city ordinances
may regulate the burning. All burning of this type must comply with
DHEC Regulation 61-62.2. You should make
sure you understand the requirements prior to calling for notification.
Forestry Commission dispatchers are not authorized to interpret this
regulation. If you need an explanation of Regulation 61-62.2, call the
nearest office of the SC Department of Health and Environmental Control.
WHAT IS A RED FLAG FIRE ALERT?
A Red Flag Fire Alert is a
wildfire danger warning issued by the SC Fore stry
Commission. The Red Flag cautions that wildfire danger is increasing, and
that outdoor burning could become difficult to control.
A Red Flag Fire Alert does not prohibit outdoor
burning as long as all other state and local regulations are followed.
When a Red Flag is in effect, the Forestry Commission asks people to
voluntarily postpone any outdoor burning.
While the Red Flag itself does not prohibit
burning, it may trigger certain county or local ordinances that do restrict
outdoor fires. To find out about these ordinances, contact your local fire
department. (Forestry Commission officers do not enforce local burning
ordinances; that authority is reserved to city or county officers.)
A Forestry Commission Red Flag
Fire Alert is sometimes confused with a National Weather Service Red Flag
Warning. The NWS Warning is issued when their forecast includes any two of
the following conditions: sustained wind speeds in excess of 20 mph;
significant wind shifts; relative humidity of 25% or lower; and high
lightning potential.
WHAT IS A BURNING BAN?
A Burning Ban legally prohibits outdoor burning.
Bans are emergency measures, declared only when outdoor burning is deemed
significant threat to public safety.
There are two kinds of Burning Bans under
SC
State Law: a State Forester’s Burning Ban,
declared by the director of the Forestry Commission, and a Governor’s
Burning Ban, declared by the Governor upon recommendation of the State
Forester.
The State Forester’s Burning Ban prohibits starting
any fire in or adjacent to "woodlands, brushlands, grasslands, ditchbanks,
or hedgerows" (SC Code 48-35-50). This is generally interpreted to include
all types of outdoor burning.
The Governor’s Burning Ban is less restrictive,
making allowances for certain agricultural burning (SC Code 48-31-30)
In announcing a Burning Ban, the issuing authority
will specify the area of South Carolina to which the restrictions apply.
Neither the State Forester’s Ban nor the Governor’s Ban applies with the
corporate limits of any town or city (SC Code 48-35-30 and 48-31-30).
Violation of either a State Forester’s Ban or a
Governor’s Ban carries a fine of up to $100. Any burning to which a Ban
applies also requires prior notification to the Forestry Commission, so
ignorance of a declared Ban is not generally considered a viable legal
defense. |
