North Carolina § 106-967 Immunity from liability

North Carolina Statutes

§ 106-967 — Immunity from liability

North Carolina § 106-967

Ch. 106Agriculture

Art. 80North Carolina Prescribed Burning Act

This text of North Carolina § 106-967 (Immunity from liability) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 106-967 (2026).

Text

(a)Any prescribed burning conducted in compliance with G.S. 106-968 is in the public interest and does not constitute a public or private nuisance.

(b)A landowner or the landowner's agent who conducts a prescribed burning in compliance with G.S. 106-968 shall not be liable in any civil action for any damage or injury caused by fire, including reignition of a smoldering, previously contained burn, or resulting from smoke.

(c)Notwithstanding subsections (a) and (b), this section does not apply when a nuisance or damage results from gross negligence.

(d)Notwithstanding subsections (a), (b) and (c), this section shall not apply to claims by public utilities resulting from damage to their equipment or facilities, where a prescribed burn proximately causes such damage.

(e)For purposes of th

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(a) Any prescribed burning conducted in compliance with G.S. 106-968 is in the public interest and does not constitute a public or private nuisance.
(b) A landowner or the landowner's agent who conducts a prescribed burning in compliance with G.S. 106-968 shall not be liable in any civil action for any damage or injury caused by fire, including reignition of a smoldering, previously contained burn, or resulting from smoke.
(c) Notwithstanding subsections (a) and (b), this section does not apply when a nuisance or damage results from gross negligence.
(d) Notwithstanding subsections (a), (b) and (c), this section shall not apply to claims by public utilities resulting from damage to their equipment or facilities, where a prescribed burn proximately causes such damage.
(e) For purposes of this section, the term "public utility" means an electric power supplier, as defined in G.S. 62-133.8(a)(3), a gas operator, as defined in G.S. 62-50(g), or a business providing telecommunications service taxed under G.S. 105-164.4(a)(4c). (1999-121, s. 1; 2011-145, s. 13.25(aa), (bb); 2023-63, s. 9(b).)