Open Burning Permits for Land Clearing: Southeast State-by-State Guide
Disclaimer: Burning regulations change frequently. This guide is for general reference only and may not reflect the most current rules in your area. Always contact your state forestry commission, local fire department, and state environmental agency directly before burning. Regulations vary by county and municipality, and seasonal bans or drought restrictions can take effect with little notice. GrinderCrusherScreen is not a regulatory authority and assumes no liability for permit or compliance decisions based on this guide.
Every Southeast state regulates open burning differently. Some require permits. Others use a notification system. Air curtain incinerators are regulated separately from open pile burning in most states, but the requirements and restrictions vary. Here is what contractors need to know, state by state.
Why Burning Regulations Matter for Land Clearing
Wood waste disposal is the biggest variable cost in land clearing. It is also the cost most contractors underestimate when they bid.
Open pile burning is free when it is allowed. Stack it, light it, let it burn. But that option is disappearing. Air quality agencies restrict it. Fire marshals limit it during dry months. In metro counties across the Southeast, open pile burning is either banned outright or limited to certain months of the year.
The alternative is hauling. Chip it, load it, truck it. Tipping fees for vegetative debris run $25 to $45 per ton at most Southeast disposal facilities. A 10-acre clearing job produces 80 to 150 tons of wood waste per acre. At 100 tons per acre and $35 per ton, you are looking at $35,000 in tipping fees before trucking costs. That turns a profitable bid into a money loser.
Air curtain incinerators sit in the middle. They burn wood waste inside a steel chamber using a high-velocity air curtain that forces complete combustion. Smoke output drops dramatically compared to open pile burning. Most Southeast states regulate them under separate rules from open burning, but the permit process and seasonal restrictions are different in every state.
Check the specific rules for your state below before planning any burn.
Florida Burn Authorization Requirements
Agency: Florida Forest Service (FFS), a division of the Florida Department of Agriculture and Consumer Services
Open burning in Florida requires an Authorization to Burn from the Florida Forest Service. This is not called a “permit” under Florida law. The authorization is issued same-day. Call your local FFS county office to request one by phone. The online system (WebOBA) is only available to Certified Prescribed Burners and Certified Pile Burners, not the general public.
Rural areas: open burning is generally allowed with a valid authorization. Urban and suburban areas: many counties impose additional restrictions. Duval County has a year-round burn ban on open burning of yard waste. Broward County prohibits pile burning and requires a 300-foot setback from occupied buildings. Miami-Dade, Hillsborough, and Orange counties also have tighter local rules. Check with your local fire department for county-specific restrictions.
Air curtain incinerators: Portable air curtain incinerators may be exempt from DEP air permitting under Rule 62-210.300(3)(a)26, F.A.C., when used for land clearing debris and meeting specific conditions. Operations that do not qualify for the exemption must obtain a DEP air permit under Rule 62-296.401. This is not a blanket statewide approval. Verify your project qualifies for the exemption before mobilizing.
Key rule: Burn authorizations are restricted or denied when the National Weather Service issues an Air Stagnation Advisory or when FFS fire readiness levels are elevated. At higher fire readiness levels (4-5), authorizations are rarely issued. Check the daily fire weather forecast before burning.
Contact: Your Florida Forest Service local county office.
Georgia Burn Permit Requirements
Agency: Georgia Forestry Commission (GFC) statewide. Call 1-800-GA-TREES for a burn permit.
Georgia’s open burning rules are among the strictest in the Southeast. The Georgia EPD Summer Open Burn Ban prohibits most types of open burning in 54 counties from May 1 through September 30 every year. These counties span five regions across the state: metro Atlanta (Fulton, DeKalb, Gwinnett, Cobb, Cherokee, Forsyth, and others), plus counties in the Augusta, Macon, Chattanooga, and Athens areas.
Outside the ban period and in non-ban counties, burn permits go through the Georgia Forestry Commission. Local fire departments may have additional ordinances on top of GFC requirements.
Air curtain incinerators: Georgia EPD classifies air curtain destructors (their regulatory term) as Burn Type 13, which is a type of open burning, not an alternative to it. Air curtain destructors ARE subject to the Summer Open Burn Ban. They are explicitly prohibited May 1 through September 30 in all 54 ban counties. There is no exemption for air curtain units during the summer ban period.
When permitted (October through April, or year-round outside the 54 ban counties), air curtain destructors must be at least 300 feet from any occupied structure or public road. Burning is restricted to the hours between 10:00 AM and one hour before sunset. Only wood waste, logs, large brush, and stumps are allowed. No tires, plastics, or asphaltic materials.
For contractors in metro Atlanta and other ban counties: From May through September, on-site burning of any type is off the table. You must haul wood waste to a disposal facility or schedule your clearing work outside the ban window.
Contact: Georgia Forestry Commission or county EPD office. See Atlanta air burner rentals for availability outside the ban period.
Alabama Burn Permit Requirements
Agency: Alabama Forestry Commission (AFC)
The Alabama Forestry Commission handles burn permits statewide. Call the AFC dispatch center at (800) 392-5679 to get a permit. The AFC states permits are “free of charge and can be obtained in just a few minutes over the telephone.” Certified Prescribed Burn Managers can apply online at burnpermits.forestry.alabama.gov.
Municipalities often restrict burning within city limits. Check with the local fire department if your job site falls inside an incorporated area. Jefferson County has the strictest rules in the state and requires a separate Health Department permit before the AFC will issue theirs.
Seasonal restriction: ADEM (Alabama Department of Environmental Management) imposes a seasonal open burn ban from May 1 through October 31 in 12 specific counties: Baldwin, DeKalb, Etowah, Jefferson, Lawrence, Madison, Mobile, Montgomery, Morgan, Russell, Shelby, and Talladega. No vegetative or land-clearing burning is allowed in these counties during that period. In all other counties, AFC permits are required year-round. Do not assume off-season means no permit needed.
Air curtain incinerators: Regulated and permitted by ADEM under Administrative Code Rule 335-3-3-.05. ADEM classifies air curtain incinerators separately from open burning. They are regulated under the incineration rules, not the open burning rules. Operators must obtain an individual ADEM air permit before construction and operation. The ADEM exemption from solid waste incineration unit classification applies only when burning wood wastes, yard wastes, and clean lumber, with opacity limits of 10% (6-minute average) and 35% allowed during the first 30 minutes of startup.
Fire alerts: During drought or high fire danger, the State Forester can issue a Fire Alert covering any or all 67 counties. During a Fire Alert, only Certified Prescribed Burn Managers may receive a permit. Regular contractors and landowners will be denied until conditions improve.
Contact: Alabama Forestry Commission dispatch at (800) 392-5679. See Birmingham air burner rentals for availability.
Tennessee Burn Permit Requirements
Agency: Tennessee Department of Agriculture, Division of Forestry (TDF)
Tennessee requires a free burn permit during fire season: October 15 through May 15. Tennessee law (TCA 39-14-306) makes it unlawful to start an open-air fire within 500 feet of any forest, grasslands, or woodlands during this period without a permit from the Division of Forestry. Burning without a permit during fire season is a Class C misdemeanor.
Get a free permit at BurnSafeTN.org (available 7 days/week, 8 AM to 11 PM) or call 877-350-BURN (2876) Monday through Friday. Permits are valid for one day only.
Outside fire season (May 16 through October 14): No TDF burn permit is required. Open burning of natural debris is allowed subject to TDEC material restrictions and any local ordinances.
Some municipalities prohibit outdoor burning entirely regardless of season. Davidson County (Nashville), Knoxville, Cleveland, and Johnson City all have stricter local rules. Check your county’s regulations before burning.
Air curtain incinerators: Tennessee classifies air curtain incinerators as incineration, not open burning. They are regulated under TDEC (Tennessee Department of Environment and Conservation) air pollution rules, Chapter 1200-03-09, which governs construction and operating permits. Air curtain devices are not covered by the free TDF burn permit system. Operators need a separate TDEC air pollution permit. The only exemption is for temporary-use units during declared States of Emergency (disaster recovery), limited to 35 tons per day for 8 weeks with 3-day advance notification to TDEC.
Because air curtain incinerators fall outside the open burning rules, the TDF fire season permit system does not directly govern them. But they face a different and more involved permitting process through TDEC. Contact TDEC’s Division of Air Pollution Control before planning an air curtain incinerator operation.
Contact: Tennessee Division of Forestry for burn permits. TDEC for air curtain incinerator permits. See Nashville air burner rentals for availability.
North Carolina Burn Permit Requirements
Agency: NC Forest Service (a division of NC Department of Agriculture and Consumer Services)
North Carolina requires a burn permit for open burning in protected areas (within 500 feet of forestland). Permits are free. NC General Statute 106-950(b) prohibits any charge for permits. Get a permit online at apps.ncagr.gov/burnpermits/ or contact your NC Forest Service county ranger. The ranger needs your location, acreage, and material type before issuing.
Air quality restrictions: Open burning is prohibited on any day the NC Division of Air Quality forecasts a county for Air Quality Action Day Code Orange or above (15A NCAC 02D .1903). This is a daily forecast-based restriction, not a fixed seasonal ban. Code Orange days occur more frequently during warmer months (roughly April through October) in Piedmont and urban counties, but the restriction can apply to any county on any day with poor air quality.
Air curtain incinerators: Regulated by NC DEQ under 15A NCAC 02D .1904. Operators must obtain a General Title V Operating Permit: 02Q .0509 for permanent units, 02Q .0510 for temporary units. Written notification to the Division is required before operation, including location, materials, unit specifications, and expected duration.
Opacity limits: 10% or less during operation (averaged over 3 one-hour blocks of 10 six-minute readings), with 35% allowed during the first 30 minutes of startup. Annual opacity testing is required.
Important: Air curtain incinerators are NOT exempt from NCFS burn bans. Rule 02D .1904(c)(3) states: “No fires shall be started or material added to existing fires when the North Carolina Forest Service, Fire Marshal, or other governmental agency has banned burning for that area.” When a burn ban is in effect, air curtain incinerators must also stop. They must also cease in nonattainment counties when a Code Orange or above Air Quality Action Day is forecast.
Operating restrictions: air curtain incinerators must be at least 300 feet from dwellings or occupied structures (waivable with written consent). Burning hours are 8:00 AM to 6:00 PM. Only 100% wood waste, clean lumber, or yard waste.
Key rule: NC has county-level variation. A permit process that takes one phone call in Bladen County might require a site inspection in Wake County. Start the permit conversation early, especially on jobs near the Research Triangle or Charlotte metro.
Contact: NC Forest Service county ranger. NC DEQ Division of Air Quality for air curtain incinerator permits.
South Carolina Burn Notification Requirements
Agencies: SC Forestry Commission (SCFC) for notifications. SC Department of Environmental Services (DES) for air quality regulations.
Important: South Carolina does not issue burn permits. The state uses a notification system. Before burning outdoors in unincorporated areas, you must notify the Forestry Commission. The fastest method is online at scfc.gov/notify. You can also call your county’s dedicated toll-free number (each of the 46 counties has one). You leave your name, address, and phone number. There is no approval step for routine burns. Within city or town limits, state notification law does not apply, but check local ordinances.
Drought and burn bans: The State Forester can declare a statewide burning ban during drought, low humidity, or high wind conditions. A State Forester’s Burning Ban prohibits all outdoor burning, including yard debris, prescribed burns, campfires, and recreational fires in all unincorporated areas. The Governor can also issue a separate, less restrictive ban. These bans activate with little warning. In April 2026, the SCFC issued a statewide burning ban due to escalating drought conditions. Violations carry fines up to $200 for a first offense and $500 or more for subsequent violations.
Air curtain incinerators: Regulated by SC Department of Environmental Services (formerly DHEC, which was split into two agencies on July 1, 2024). Operations are governed by DES Regulation 61-62.2 (Prohibition of Open Burning, which includes exemptions for air curtain incinerators) and Regulation 61-62.5, Standard No. 3 (emissions performance standards). The term used in SC regulations is “air curtain incinerator.”
Key requirements: opacity shall not exceed 20% (35% during first 30 minutes of startup). Units must be at least 500 feet from any business or residence on adjacent properties. Trained personnel must be present at all times. Only clean wood, yard trimmings, and untreated natural wood debris may be burned. Facilities that never store more than 400 cubic yards of eligible materials may qualify for a conditional permit exemption under Regulation 61-107.12.
Contact: SC Forestry Commission notifications at scfc.gov/notify. SC DES Bureau of Air Quality for air curtain incinerator requirements. See Charleston air burner rentals for lowcountry availability.
How Air Curtain Incinerators Differ from Open Burning
Air curtain incinerators operate differently from open pile burning, and most Southeast states regulate them under separate rules. Here is what sets them apart and why states treat them differently:
Contained fire. The burn happens inside a steel chamber or lined pit. No fire spread risk. No embers drifting into the tree line.
Reduced smoke. The forced-air curtain drives combustion temperatures above 1,800 degrees F. At those temperatures, particulate matter burns off rather than floating into the air. This is why states set opacity limits (10-20% depending on the state) for air curtain units rather than prohibiting them outright.
Volume reduction. Air curtain incinerators reduce wood waste by 95% or more. One hundred tons of slash, brush, and stumps becomes roughly five tons of clean ash. That ash stays on site or leaves in a single truck.
Separate regulatory treatment varies by state. Alabama regulates them under incineration rules, not open burning rules. Tennessee classifies them as incineration requiring TDEC air permits. North Carolina requires a Title V operating permit. But Georgia includes them under its open burning rules (Burn Type 13), and they are subject to the Summer Open Burn Ban. Do not assume air curtain incinerators are exempt from seasonal restrictions. Check your specific state’s rules above.
Two models are available through GCS. The Merris WX-5 is sized for residential and small commercial clearing: 1 to 10 acres, moderate timber density. The Merris WX-8 handles large-scale commercial clearing, utility right-of-way (ROW) projects, and anything over 10 acres with heavy timber.
For a deeper look at how disposal costs affect your clearing bids, see the full breakdown in our land clearing cost per acre guide.
Looking to buy instead of rent? GCS distributes both the WX-5 and WX-8 through the parent site.
Get Connected with an Air Burner for Your Next Clearing Job
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