BRUNSWICK COUNTY — A letter from local officials will be sent to legislators in the North Carolina General Assembly asking for Brunswick County to have some say over open-burning regulations when it comes to developers clearing land.
Brunswick commissioners unanimously approved sending the letter to Senator Bill Rabon and Representatives Charles Miller and Frank Iler during Monday’s meeting.
The letter states: “There are several ways to curtail the negative impacts from land clearing such as (but certainly not limited to) the use of air curtain burners or hauling. However, it is difficult for our Board to even discuss hypothetical solutions or opportunities like these because state law currently restricts us from even putting protective actions like these in place.”
READ MORE: Brunswick commissioners turn open-burning debate into broader push for state policy changes
Currently, state law allows the burning of timber and vegetative debris from land-clearing for development and specifies smoke from those burns cannot be considered a nuisance, limiting how local governments regulate the practice. The framework dates back to the early 1970s, when state lawmakers standardized open-burning rules to support forestry and land-clearing while placing oversight at the state level.
The county controls burning within 100 feet of a dwelling only.
In Brunswick County, the second-fastest growing county in the state, resident complaints over land-clearing burns have escalated in recent years as development has increased and smoke drifts onto properties, causing health concerns. Commissioners expressed as much in a letter to compel legislators to loosen its grip on authority, citing rapid population growth, increased development and a growing retirement community as reasons for the change. About 35% of Brunswick County residents are age 65 or older, compared to 18% statewide.
“Staff have tried to lay out an argument for the state to say: ‘You’re right, Brunswick County, you’re not like every other county, and you should have some authority to have some control over this,’” County Manager Steve Stone said.
Commissioners debated Monday how that authority looks if the law is handled primarily by the North Carolina Forest Service and state environmental agencies. County staff emphasized the letter was not proposing an overall ban, but simply requesting the state allow the county to begin crafting specific restrictions.
Commissioner Marty Cooke questioned how the county could ask for regulatory power without knowing what the finished rules would even look like.
“We just want to regulate something, such as if the wind picks up, the fire needs to be completely put out,” Commissioner Pat Sykes said. “There’s certain things — you’ve got 500 feet away from a school, and the wind turns and it goes into the school system … so certain things need to be separated a distance from some of these areas.”
She re-emphasized it was not a ban on open-burning.
Cooke worried asking for a broad request without specifics established would not work in their favor. He also reiterated concerns about how rules would apply across the county’s varying conditions.
“There’s so many different variables associated with them,” he said. “You look at open land versus near residents, near municipalities — that’s a very complicated issue.”
Potential changes discussed include establishing minimum setback distances from schools, homes, hospitals and other sensitive facilities, as well as requiring monitoring of wind direction and weather conditions when burns take place to reduce smoke drifting into populated areas.
“We would propose restrictions at certain densities, public facilities, within certain feet,” County Manager Steve Stone said. “But we can’t really craft that until we at least have legislative authority.”
There is another alternative to thwart open-burning — for Brunswick County to pursue a county-level air-quality control program through the Environmental Management Commission, which could provide broader authority. However, Stone said establishing the program would be expensive and time-intensive.
“And we are trying to not stress tax payers,” he said at Monday’s meeting, “with air quality monitors all over the place.”
The motion to send the letter passed unanimously. Any local changes would require action by the General Assembly during the current legislative session, which began April 21.
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