BRUNSWICK COUNTY — Faced with continued complaints over rapid growth and smoke permeation from land-clearing burns, Brunswick County commissioners devoted time last week examining whether they have the legal authority to slow development or restrict open burning.
READ MORE: ‘Uncharted territory’: Leland needs state to validate burn ban, a first among municipalities
ALSO: $639K design for new Brunswick County animal shelter raises cost concerns
The discussion, requested by Commissioner Randy Thompson, focused on two issues residents frequently raise during public comment: the possibility of a residential development moratorium and whether the county can ban or limit open burning of vegetation for land-clearing purposes.
With growth bringing more development, and therefore more land clearing needs, Thompson asked staff to explain whether public safety concerns, such as strained fire-response capacity and poor air quality conditions, meet the statutory threshold for either a moratorium or expanded burning regulations.
“We haven’t had a major death because of it, we haven’t lost any children because of it, but that’s not to say that couldn’t happen this evening,” Thompson said.
The bottom line: Brunswick County can’t ban land-clearing burns and it can’t enact a residential development moratorium under current state law.
County manager Steve Stone opened the discussion by addressing open burning, particularly residents often asking commissioners to stop developers from burning debris on construction sites. Stone said the county has no legal authority to regulate most burning.
For Brunswick County to enact its own ban, the county would need either special legislation from the North Carolina General Assembly granting it authority to regulate open burning or approval from the Environmental Management Commission to operate a local air-quality control program. Stone said the latter would require scientific studies proving unique pollution conditions, as well as a staffed team of engineers and environmental specialists to administer a program.
“That would be a very high bar and it would also be a very expensive program to implement,” Stone said. “I’m not saying that it absolutely could not be done, but I suspect it would be an uphill battle to get EMC to approve a special program for Brunswick County.”
If applied for and approved, Brunswick would join Buncombe, Forsyth, and Mecklenburg counties as the only ones in North Carolina authorized to run local air-quality programs.
Thompson also questioned whether open burning in unincorporated Brunswick County could actually increase as nearby towns restrict the practice. For example, Leland put forth an ordinance in October that developers must find alternative sites to dispose of debris rather than burn it, or face a $500 fine and potentially a class III misdemeanor. However, Leland must also get EMC approval for an air-quality program.
Leland was able to pass an open burning ban because municipalities in North Carolina hold broad “police powers” under state statute, allowing them to regulate public health, safety, and nuisances within town limits. Counties are not granted those same powers.
In light of the stringent requirements for establishing a local air-quality control program, Commissioner Frank Williams wanted to explore alternative solutions and asked staff about the county’s existing use of air-curtain incinerators. The county attorney noted that four state-permitted incinerators currently operate in Brunswick County to handle vegetative debris.
Air-curtain incinerators burn debris at much higher temperatures and more evenly than commonly used open piles. The material is completely burned instead of smoldering, so far less smoke and fewer particles escape into the air.
CATCH UP: Three-part series examines environmental cost of local development practices
Thompson, however, emphasized that even with cleaner-burning technology, the impact on residents remains.
“Burning is burning,” he said. “It burns at a higher rate, but the operation is still the same and if you’re increasing the amount of load, then it’s going to increase the amount that your public has to deal with.”
Review of development moratorium
After establishing the limits on burning regulations, the board turned to whether the county can slow development in the region. In 2023, Brunswick County NC issued 4,643 single-family home building permits — a roughly 14% increase from 2022.
Thompson asked staff to explain the legal thresholds for a residential moratorium amid growing strain on public infrastructure.
Stone said state rules governing residential development moratoria under G.S. 160D-107 requires counties to meet strict standards before pausing issuing new residential permits. Brunswick County must prove a moratorium is necessary to address an imminent and substantial threat to public health or safety.
“At this moment in time, I don’t think we meet the thresholds,” Stone said.
Issues frequently raised by residents, he noted, do not meet the legal criteria for a moratorium. School crowding, for instance, cannot be used because the county has both funding and space for modular classrooms.
Traffic and road safety concerns also do not qualify, as Brunswick County has no authority over state-maintained roads. While fire departments are experiencing staffing pressures, all agencies currently meet the state’s minimum staffing standards.
County attorney Bryan Batton added if the county has the ability to address a development-related problem internally, state law prohibits using that issue as grounds for a residential moratorium. This includes actions like updating the stormwater ordinance to deal with flooding issues or allocating resources to fix a problem, such as the recent proposal to fund additional fire-department positions.
Stone agreed fire-service concerns need to be addressed.
The county looked at addressing fire department staffing issues in June when Thompson brought forth a $6.8-million proposal to fund four additional paid firefighters per shift at each of the county’s 13 fire departments, citing dwindling volunteer numbers and rising emergency calls. The board ultimately declined to move the plan forward, opting to revisit long-term fire funding options in the next budget cycle.
The county manager said staff will return in December with recommendations aimed at improving staffing and response capacity across the county’s fire departments.
Commissioner Pat Sykes also directed staff to post clear explanations on the county website outlining their limited authority over restricting open burning and installing a development moratorium.
“I appreciate staff and Commissioner Thompson bringing up this topic because the public needs to know what we can do and what we can’t do,” Sykes said.
Have tips or suggestions for Charlie Fossen? Email charlie@localdailymedia.com
At Port City Daily, we aim to keep locals informed on top-of-mind news facing the tri-county region. To support our work and help us reach more people in 2026, please, consider helping one of two ways: Subscribe here or make a one-time contribution here.
We appreciate your ongoing support.
