Leland residents who wanted an end to land-clearing burning got their wish on Oct. 20.
Following recent land clearing for a future shopping center site, Leland officials adopted an ordinance that immediately stopped land clearing open burning. Despite the effort to help, some residents left with feelings of disgust.
The North Carolina Department of Environmental Quality describes open burning as controlled outdoor fires. These fires range from small residential yard fires to burn debris, to commercial land-clearing fires that pave the way for construction and land development, the NCDEQ website states.
Motorists driving through Leland and Brunswick Forest residents noticed smoky air in mid-October as fire burned debris along U.S. 17 across from Brunswick Forest's commercial area.
The land-clearing fires were at the Leland Village shopping center site, formerly called Savannah Branch Town Center. The burned forest floor will eventually be home to Publix, Marshalls, Ulta Beauty and more.
Leland Town Council called a special meeting on Oct. 20 to discuss open burning after many residents shared concerns about public health risks from the outdoor flames. The meeting did not include public comments.
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Is open burning for land clearing allowed?
Under North Carolina law, open burning of leaves, branches and some plant growth is allowed but there are limits and rules to what can be burned outdoors, and when, per the NCDEQ website. For example, yard waste and commercial land clearing burning are only allowed from 8 a.m.-6 p.m., and burning trash and non-vegetative materials is prohibited.
"In addition to the state open burning rules, you may also be subjected to local ordinances, local burn bans or permitting requirements from the N.C. Forest Service," the NCDEQ website states.
Leland officials change open burning rules for town
Town council members on Oct. 20 unanimously adopted an ordinance immediately prohibiting land clearing burning within town limits. Prior to the new ordinance, open burning of natural vegetative debris was allowed within Leland if burn permits were obtained.
Leland Town Manager David Hollis described the proposed ordinance to the crowded room but did not read it in its entirety. In addition, no copy of the ordinance was released before the meeting.
Land clearing burning causes "significant risks to public health, safety and welfare," the ordinance states. Smoke from open burning for land clearing purposes can create emotional and physical distress for people with health condition, and dangerous conditions for motorists by impeding road visibility, per the ordinance.
Developers are encouraged to dispose of land clearing debris by transporting it to a permitted solid waste facility or chipping and mulching, or composting facility.
The ordinance states it was crafted to protect air quality, reduce potential fire hazards and wildfires, and improve public health.
Residents blame board members and election pressure
Residents Brian Gudely, Gary Ostby and Shaunda Blake said they believe the ordinance adoption was fueled by election pressure, not residential outcry for change. All three residents expressed frustrations with council members' delayed actions and the town not publicizing the proposed ordinance prior to its adoption.
"You go outside and you can't even breathe," said Gudely, noting he moved to the area to escape wildfires.
Ostby said land clearing burning was an issue 13 years ago, when he moved to Brunswick Forest, and that he feels "disgust" about the issue not being addressed sooner.
Blake and Ostby claim they had no idea the town was crafting a new land clearing burning ordinance and question why the town did not take action when similar complaints were brought up about a year ago.
"This problem has existed as long as these major developers have existed. So, this is not new, it's age old... They could have done what they just did tonight a year ago," Ostby said.
Both Gudely and Ostby said they believe they are not represented by existing town council and hope to see a new board.
"The problems that we are having as a town are very specific to not focusing on the needs of the residents,'" Ostby said.
Development has significantly changed Leland in recent years, said Ostby, noting many residents are unhappy with what Leland has become and blame a developer-supported local government.
"It was just a nice area," Ostby said. "That's not what you have today. What you have is density, and density brings all kinds of issues."
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Violation fees of land clearing open burning
The NCDEQ website states the North Carolina Division of Air Quality enforces state open burning regulations and that law violators can be fined up to $25,000.
In Leland, violating the new ordinance results in a class 3 misdemeanor and $500 per day, per violation fine, Hollis said. The fire chief could also order civil citations that add an additional $500 per day, per violation fee if the order is not addressed within 24 hours, per the ordinance.
Council member Veronica Carter said staff has worked to make the ordinance "as tough and as permanent as possible."
Despite residents wishing the fines to be higher, Hollis said state law restricts the town to a $500 maximum for violating the land clearing burning ordinance.
Are residents still allowed to burn debris?
Residents are still allowed to burn yard debris, have camp a fire or use fire for personal heating or cooking within the state fire prevention code, Hollis said. Fires used for forestry management, fire fighting training, agriculture and wildlife management purposes are also not impacted by the adopted ordinance, Hollis said.
More burning questions and discussions
The town will host an open burning workshop at 3 p.m. on Nov. 10 in the Leland Cultural Arts Center, 1212 Magnolia Village Way. Presentations on current regulations, enforcement and applicability in Leland and a public comment period will be included in the workshop, per a town of Leland news release.
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Savanna Tenenoff covers Brunswick County for the StarNews. Reach her at.