March 26, 2025
Executive Order No. 12
Declaration Of A State Of Emergency
Whereas, since March 19, 2025, there have been multiple active wildfires in the Black Cove Fire Complex in Polk County, which have now spread to Henderson County; and
Whereas, an active wildfire has started in Swain County; and
Whereas, the Table Rock Fire Complex wildfire in Greenville and Pickens Counties, South Carolina is threatening to spread into Transylvania County, North Carolina; and
Whereas, the North Carolina Drought Management Advisory Council in its March 18, 2025, assessment observed abnormally dry conditions across central and northwestern Mountains, and moderate drought conditions in the southwestern and northwestern Mountains; and
Whereas, due to the hazardous wildfire conditions throughout the State, on March 21, 2025, the North Carolina Forest Service issued a statewide open burning ban and canceled all burning permits; and
Whereas, many local governments have issued local burning bans or local state of emergencies; and
Whereas, on March 24, 2005, the Federal Emergency Management Agency approved North Carolina’s request for a Fire Management Assistance Grant designated as FEMA-5574-FM-NC; and
Whereas, the wildfires, combined with abnormally dry conditions and moderate drought conditions, could have a significant impact on public health, public safety, and public and private property in the State of North Carolina; and
Whereas, the current and anticipated impacts from the multiple wildfires, combined with the moderate drought conditions, constitute a state of emergency as defined in N.C. Gen. Stat. §§ 166A-19.3(6) and 166A-19.3(20); 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 Governor, 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 Governor, 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 Governor 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 Governor 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 defined in N.C. Gen. Stat. § 166A-19.3(6), exists in the counties and tribal lands listed below, due to the current and anticipated impacts from multiple wildfires combined with the moderate drought conditions and abnormally dry conditions that have increased the risk of hazardous wildfires.
For purposes of this Executive Order, the emergency area is the following counties in the State of North Carolina: 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, Stanly, Swain, Transylvania, Union, Watauga, Wilkes, Yancey, as well as the tribal lands in the State of North Carolina held by the Eastern Band of Cherokee Indians (“the Emergency Area”).
Section 2.
I order all state 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”).
Section 3.
I delegate to the Secretary of the North Carolina Department of Public Safety (“DPS”), or his designee, all power and authority granted to and required of me by Article 1A of Chapter 166A 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.
Section 4.
The Secretary of DPS (“Secretary”), as Chief Coordinating Officer for the State of North Carolina, shall exercise the powers prescribed in N.C. Gen. Stat. § 143B-602.
Section 5.
I further direct the Secretary, 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 6.
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 7.
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 8.
This Executive Order is effective immediately and shall remain in effect for 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 26th day of March in the year of our Lord two thousand and twenty-five.
Governor
Attest:
Elaine F. Marshall
Secretary of State
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