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Current as of January 01, 2023 | Updated by Findlaw Staff
(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).
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 106. Agriculture § 106-967. Immunity from liability - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-106-agriculture/nc-gen-st-sect-106-967/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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