LELAND — The Leland Town Council has adopted an open-burning ordinance, a measure residents have been vocal about for years.
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Council unanimously approved an open-burning ordinance during an emergency meeting called on Oct. 20. The ordinance enacts an immediate ban on all open burning for land-clearing purposes, prohibiting the practice within town limits. Any developer breaking the ordinance will be fined and could face a misdemeanor charge.
Despite residents sharing discontent over plumes of smoke billowing over their homes for years, council member Bill McHugh said the board moved to implement the ordinance after multiple plumes of smoke could be seen on Highway 17 from a Publix development. The build-out is part of the greater Savannah Branch commercial development, approved by council in October 2022. The future grocery store is located directly across from Brunswick Forest — planned to contain over 12,000 units at full build.
“They lit this three-story, apocalyptic fire across the street from one of Leland’s largest neighborhoods, it’s done. They don’t get to do that anymore here,” McHugh said.
Many people complained to the town council that it immediately impacted their air quality. Open-burning affects air quality by releasing smoke and gasses like carbon monoxide and carcinogens into the atmosphere, disrupting quality of life and health of residents.
Leland Town Council first considered open-burning regulations in 2023 after hearing numerous concerns from residents related to smoke inhalation and disruption to quality of life. Ultimately, the previous effort stalled because much of the burning was taking place outside the town limits, where council had no authority to enforce a ban, and due to concerns about infringing on developers’ private property rights.
Recently, it’s been addressed at council meetings too such as last week’s meeting, where multiple residents voiced concern with open-burning practice.
2025 council candidate Frank Pendleton suggested the timing of the rule’s passing was politically motivated and directly tied to the upcoming Nov. 4 municipal election.
“If they could have done this tonight, they could have done it last week or last month or last year,” Pendleton said after the meeting. “They’ve been burning in Brunswick Forest for the last two years and it has fallen on deaf ears with this council. The only reason this has taken place now is because there’s an election in two weeks. I think this was all for show.”
In response, McHugh — who is running for reelection against Pendleton and candidates Leland Hyer, Susan Waleed, and Edgar Robbins — said the immediate public health concerns outweighed political considerations.
“We talked about this a couple years ago and the burning that was going on was not in our town limits and we just wanted to wait until we had the ability,” McHugh said. “I’ve said this a thousand times: I don’t engage with political stunts. I’m here to get results and I’ve been hoping to get this done since I was elected and today was the day. I’m very proud of it.”
The approved ordinance is for land-clearing purposes within the town limits. For developers that must clear land debris, town staff suggests taking the material to a solid waste facility, chipping, mulching, or composting.
As defined by the new ordinance, open-burning is any burning where the smoke and gases go straight into the air without passing through a chimney or any kind of pollution control equipment. However, the new rule does not apply to other forms of open-burning permitted under state law, such as small fires for cooking or burning residential yard waste.
Enforcement will be handled by the Leland Fire/Rescue Department. Violators face a $500 civil penalty per day, per violation, and a Class 3 misdemeanor charge.
There was a collective groan among the few hundred residents at the meeting when it was announced the fines assessed against violators would be $500.
Councilmember Veronica Carter asked Town Manager David Hollis why the fine was capped at $500. He explained it is the highest amount the town is statutorily allowed to impose according to General Statute 160A-175.
McHugh acknowledged the town could seek permission from legislators to amend the ordinance and explore higher penalties, noting he was amenable to working with representatives in Raleigh. Though he would have liked to see a stiffer fine, McHugh doesn’t anticipate state law being changed and feels the new rule is a good start.
“You light a land-clearing fire in the town of Leland, you’re going to be prosecuted and you’re going to be fined,” McHugh stated. “We wanted to actually fix the problem and putting people in handcuffs is a lot different than charging them $500 bucks.”
Regardless of differing views on the motive behind the decision, both Pendleton and McHugh agree the new rule is a victory for Leland residents. For Pendleton, the issue was important to his campaign, making it clear in his recent PCD candidate questionnaire addressing clear-cut burning was a top priority if elected.
“The community won,” Pendleton said Monday. “This was an objective that we wanted to get accomplished, that we wanted to change the policy, we wanted to eliminate open-burning and you know what, it took involving the community to get it done. I think it’s a little too late. I think the people in this community saw it for exactly what it was — it was a dog and pony show.”
Resident Doug Field welcomed the new rule and said when Leland was smaller, the burning didn’t seem as problematic.
“But now, they’ve got these developed communities,” Field stated. “It didn’t take a rocket-scientist to figure this one out.”
Field pointed to Leland residents being above the state averages for seniors and the corresponding health issues they face such as chronic obstructive pulmonary disease, which are exacerbated by smoke inhalation from open-burning. According to the Centers for Disease Control, COPD disproportionately affects the elderly more than other age groups. About 28% of Leland’s 30,000 residents are over the age of 65, compared to the state average of 20%.
Outside of Leland, McHugh wants this ordinance to be a guide for the county and its municipalities. He mentioned other towns in the county don’t have the resources to research and create an ordinance like this, noting it took time and effort to develop.
Brunswick County Commissioners also considered enacting a similar rule to Leland in June, eventually deciding to table any rulemaking citing the need for more information on economic impact, enforcement, and legal authority.
“I’m hoping we can work with the county as well because, God knows, if you’re one foot outside of town limits you can still burn and we will still breathe that smoke,” McHugh said. “The next step is to try and make this a comprehensive regional approach so that we can all have clean air and everybody can breathe freely in their home.”
Leland Town Council will be holding a workshop focused on open-burning on Nov. 10 at 3 p.m. in the Leland Cultural Arts Center. Council, town staff, and representatives from the North Carolina Department of Environmental Quality’s Division of Air Quality and the North Carolina State Forest Service will discuss the new ordinance as well as state regulations and enforcement for open-burning.
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