Is Open Burning Legal in South Carolina After the 2026 Regulatory Updates?

It is strictly regulated.

Open burning in South Carolina is permitted only under stringent conditions enforced by the South Carolina Department of Health and Environmental Control (SCDHEC) and local air pollution control authorities. While agricultural, silvicultural, and land-clearing burns may qualify for exemptions, residential yard waste burning is largely prohibited statewide. Violations trigger enforcement actions, including fines up to $10,000 per day under the Pollution Control Act, with stricter 2026 compliance deadlines looming for non-attainment areas like the Upstate region.

Key Regulations for Open Burning in South Carolina

  • Permit Requirements: A SCDHEC-issued burn permit is mandatory for all non-exempt burns, including land-clearing operations exceeding 10 acres. Permits are denied during Ozone Action Days or when wind speeds exceed 15 mph, as per Regulation 61-62.1.
  • Prohibited Materials: Burning household trash, construction debris, tires, or chemically treated wood is illegal under S.C. Code § 48-1-10(10). Violators face immediate cease-and-desist orders and potential criminal charges.
  • Buffer Zones & Timing: Burns must occur at least 500 feet from occupied structures and only during daylight hours (6 AM–6 PM). Local ordinances in counties like Charleston and Greenville impose additional 1,000-foot buffers near schools and hospitals.