By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – With fall quickly approaching, let’s delve into the law surrounding open burning on the lands of the Eastern Band of Cherokee Indians (EBCI). This subject can be found in Chapter 113C of the Cherokee Code.
Section 113C-1 states, “The practice of open burning of combustible materials results in pollution of the air which can detrimentally affect the health and well-being of the human community and the natural resources on which they depend. The purpose of this section is to maintain air quality, control air pollution, and prevent wildland fires resultant from the open burning of materials on Eastern Band of Cherokee Indians trust lands.”
The current law was put in place with the passage of Ord. No. 303 on June 2, 2022 which repealed the then-existing Chapter 113C and replaced it with the current language. The whereas section of that legislation states, “Open burning presents a risk of harm to persons, property, and the environment; and the harm presented by open burning can be managed by a system of permitting and conditions under which open burning is allowed on tribal land.”
Section 113C-3(b) gives the EBCI Ugvwiyuhi (Principal Chief) the authority to issue burn bans “which prohibit open burning during periods of hazardous forest fire conditions or poor air quality conditions”.
Section 113C-4 outlines the types of open burns allowable without a permit. Each type is followed by many requirements, and for the purposes of this article we will just describe the main type which is as follows:
- (1) Recreational burning and the use of portable outdoor fireplaces
- (2) Ceremonial fires conducted for culturally significant traditions
- (3) Campfires and fires used solely for cooking or for human warmth and comfort and which do not create a nuisance and do not use synthetic materials, refuse, or salvageable materials for fuel
- (4) Fires purposely set to forest lands for forest management practices by a government program authorized by law to manage Tribal forest lands
- (5) Fires purposely set to agricultural lands for disease, pest control, and other agricultural practices by a government program authorized by law to manage agricultural lands
- (6) Fires purposely set for wildlife management practices by a government program authorized by law to manage wildlife
- (7) Fires purposely set for the instruction and training of firefighting personnel, including fires at permanent firefighting training facilities, or when conducted under the supervision of or with the cooperation of BIA or the Cherokee Fire and Rescue Department
The next part of the Code, Section 113C-5, deals specifically with open burning that is allowable with a permit which can be obtained from the Cherokee Fire and Rescue Department and includes the following main types:
- (1) Residential burning of land clearance materials from the permitted property
- (2) Bonfire
- (3) Agricultural burning authorizing the open burning of vegetation such as grass, woody species, crop residue and other dry plant growth for agricultural purposes exceeding two acres in area
- (4) Prescribed burning authorizing open burning for the purpose of vegetation/habitat management
- (5) Commercial/house site burning authorizing the open burning of land clearance materials, uprooted or cleared trees, stumps, shrubbery, or other natural vegetation in connection with the construction of buildings; rights-of-way; residential, commercial, or industrial development; mining activities; or initial clearing of vegetation to enhance property value
Section 113C-6 deals with air curtain burners which is defined earlier in Section 113C as, “a stationary or portable combustion device that directs a plane of high velocity forced draft air through a manifold head into a pit with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit and a recirculating motion of air under the curtain”.
Permits are required for such burning and also may be obtained from the Cherokee Fire and Rescue Department.
The last part of Section 113C deals with penalties for not following the law.
Section 113C-7(a) states, “Any person who violates any of the provisions may be assessed a civil fine by the Cherokee Fire and Rescue Department or by Natural Resources Enforcement. The civil fine shall be not less than $100.00 but not more than $1,500.00 for each violation. Each day the violation occurs may be a separate offense. Unpaid civil fines are a debt to the Tribe.”
It is followed by subsection (b) stating, “Any person who violates any of the provisions shall be guilty of a misdemeanor and shall be subject to a fine of not less than $100.00, nor more than $5,000.00 and may be subject to imprisonment of not less than one day, nor more than 90 days. Each day the violation occurs may be a separate offense. As an alternative sentence, any person found guilty may be placed on probation and required to provide not less than 40 hours, but not more than 200 hours of community service.”
To obtain a burn permit, contact the Cherokee Fire and Rescue Department at (828) 359-6584.
