Governor Declares State of Emergency in Response to Ongoing Wildfires in Western North Carolina

Map by Bobby Coggins for Macon Media.

PRESS RELEASE (11-08-2023)

NORTH CAROLINA GOVERNOR

Today (November 8th), Governor Roy Cooper declared a State of Emergency in response to the ongoing wildfires in Western North Carolina and the continued drought conditions throughout the state.

“I am grateful for the first responders who have jumped into action to help combat the ongoing wildfires in Western North Carolina,” said Governor Cooper. “The fires and the continued droughts across the state pose a risk to public health and safety and we want to ensure that all residents and their property remain safe and protected.”

The Executive Order will coordinate and support emergency response operations among North Carolina entities and officials to ensure the protection and safety of North Carolina residents.

The emergency area is specified to encompass Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Cabarrus, Caldwell, Catawba, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Iredell, Jackson, Lincoln, Macon, Madison, McDowell, Mecklenburg, Mitchell, Polk, Rowan, Rutherford, Swain, Transylvania, Union, Watauga, Wilkes and Yancey counties as well as tribal lands in the State of North Carolina held by the Eastern Band of Cherokee Indians.

“The current wildfires, combined with the ongoing drought and weather forecast have increased our risk for additional fire activity, especially in the western part of our state. This emergency declaration will help facilitate getting the needed resources to combat these wildfires, to save lives and property, and to support our local jurisdictions and agencies, as well as state partners who are engaged in fighting these fires.” said Will Ray, Director of North Carolina Emergency Management. “We are incredibly proud of the North Carolina Forest Service, local fire departments, and the US Forest Service who have stepped up to combat these fires and protect our state.”

Executive Order No. 293 follows:

ROY COOPER GOVERNOR November S. 2023 

EXECUTIVE ORDER NO. 293 

DECLARATION OF STATE OF EMERGENCY DUE TO EXISTING AND POTENTIAL WILDFIRES 

WHEREAS, since 25 October 2023 there have been multiple active wildfires in western North Carolina in addition to active wildfires in the Commonwealth of Virginia near the North Carolina border; and 

WHEREAS, the North Carolina Drought Management Advisory Council in its 2 November 2023 assessment observed severe drought in the southern mountains and moderate drought in the Piedmont regions of North Carolina with potential worsening conditions; and WHEREAS, due to the hazardous wildfire conditions, the North Carolina Forest Service has cancelled all burning permits and implemented an open burning ban in thirty (30) counties, and several counties have issued local burning bans or a local state of emergency; and WHEREAS, the wildfires combined with the severe and moderate drought conditions could have a significant impact on public health, public safety and to public and private property in the State of North Carolina; and 

WHEREAS, the current and anticipated impacts from the multiple wildfires combined with the severe and moderate drought conditions constitute a state of emergency as defined in N.C. Gen. Stat. §§ 166A-19.3(6); and 

WHEREAS, certain measures are necessary to ensure the protection and safety of North Carolina residents and to coordinate the emergency response among state and local entities and officials; and 

WHEREAS, N.C. Gen. Stat. § 166A-19.1(3) provides that it is the responsibility of the undersigned, state agencies, and local governments to “provide for the rapid and orderly rehabilitation of persons and restoration of property”; and 

WHEREAS, N.C. Gen. Stat. § 166A-19.1(4) provides that it is the responsibility of the undersigned, state agencies, and local governments to “provide for cooperation and coordination of activities relating to emergency mitigation preparedness, response, and recovery among agencies and officials of this state and with similar agencies and officials of other states and with other private and quasi-official organizations”; and 

WHEREAS, N.C. Gen. Stat. §§ 166A-19.10 and 166A-19.20 authorize the undersigned to declare a state of emergency and exercise the powers and duties set forth therein to direct and aid in the response to, recovery from. and mitigation against emergencies; and 

WHEREAS, N.C. Gen. Stat. § 166A-19.10(3) authorizes the undersigned to delegate any gubernatorial authority vested in him under the Emergency Management Act, and to provide for the subdelegation of that authority. 

NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and the laws of the State of North Carolina, IT IS ORDERED: 

Section 1. 

I hereby declare that a state of emergency, as determined by N C Gen Stat §§ 166A.19.3(6). exists in the counties and tribal lands listed below listed below, due to current and anticipated impacts from multiple wildfires in addition to the severe and moderate drought conditions which has increased the risk of hazardous wildfires. 

For purposes of this Executive Order, the emergency area is the following counties: Alexander. Alleghany, Ashe, Avery, Buncombe, Burke, Carrubus, Caldwell, Catawba, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, lredell, Jackson, Lincoln, Macon, Madison, McDowell, Mecklenburg, Mitchell, Polk, Rowan, Rutherford, Swain, Transylania, Union, Watauga, Wilkes, Yancey. as well as tribal lands in the State of North Candied held by the Eastern Band of Cherokee Indians. (“the Emergency Area”).

Section 2. 

I order all sane and local government entities and agencies to cooperate in the implementation of the provisions of this declaration and the provisions of the North Carolina Emergency Operations Plan (“the Plan”).

I delegate to Eddie M. Buffaloe, Jr., the Secretary of the North Carolina Department of Public Safety (“DPS”), or his designee, all power and authority granted to and required of me In Article 1A of Chapter I64A of the North Carolina General Statutes for the purpose of implementing the Plan and deploying the State Emergency Response Team to take the appropriate actions necessary to promote and secure the safety and protection of the populace in North Carolina. 

Secretary Buffaloe, as Chief Coordinating Officer for the State of North Carolina, shall exercise the powers prescribed in N.C. Gen. Stat. § 143B-602. 

Section 3.

I further direct Secretary Buffalo. or his designee. to seek assistance from any and all agencies of the United States Government as may be needed to meet the emergency and to seek reimbursement for costs incurred by the state in responding to this emergency. 

Section 4. 

This Executive Order does not prohibit or restrict lawfully possessed firearms or ammunition or impose any limitation on the consumption, transportation, sale, or purchase of alcoholic beverages.

Section 5. 

Pursuant to N.C. Gen. Stat. § 166A-19.23, this declaration triggers the prohibition against excessive pricing as provided in N.C. Gen. Stat. §§ 75-37 and 75-38 in the Emergency Area. 

Section 6. 

This Executive Order is effective immediately and shall remain in effect for at least thirty (30) days. unless earlier terminated or extended.

IN WITNESS WHEREOF. I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh. this 8th day of November in the year of our Lorrd two thousand and twenty-three.

Roy Cooper

Governor