More work needed on county burn ordinance

• Commissioners will consider revisions in April

A proposed ordinance dealing with open burning and the improper handling of fire needs more work, Lincoln County commissioners decided Tuesday. They recessed a public hearing on the ordinance and will reconvene at 1 p.m., during their regular meeting April 18.

In the interim, County Attorney Alan Morel will work on wording to create an exemption for agricultural burning, which was the issue that generated some heat from Commission Chairman Preston Stone, a rancher. He objected to a section that would allow someone such as an emergency services manager or fire chief to enter private land if they thought they spotted a fire.

“I don’t think so,” Stone said. “A lot of this language is in left field.”

County Emergency Services Manager Joe Kenmore said that provision to intervene is for the protection of the public, as is the requirement to notify the sheriff’s dispatch a day ahead of a burn.

Morel told commissioners he and Kenmore were not asking for approval that day. He provided a draft plus copies of ordinances from Luna and Otero counties. Commissioners can opt to be less or more restrictive, he said.

“We made minor changes, some with which the sheriff had issues,” Morel said. “We met with emergency and others on enforcement. This is a 5,000-square mile county and what is appropriate outside of Corona (in the rural far northwest) may not work outside of Ruidoso. How far you want to go in regulating fires in Lincoln County?”

Kenmore tried to convey what he would like to accomplish with the proposed ordinance. “What I hoped to do is help control small burns, as well as help ranchers who need to burn larger areas and yet not have to go and inspect each and every inch of it to know they have the correct equipment,” he said.  The ordinance would require that those intending to burn call the sheriff’s office ahead, regardless of the fire application to let emergency services know they have a burn plan. Officials then can look at the weather, and will know how the people proposing to burn intend to monitor until the fire is out completely.

Any planned operation dealing with fire can go wrong, Kenmore said. Ensuring that someone stays with a fire and has the proper equipment is important.

Restricting the hours of burning would be a problem, Stone said. Ranchers like to burn overnight when there is less wind and humidity is high.

Looking at some of the other requirements that would be imposed on burns including on agricultural land, Stone said, “That won’t happen.”

Kenmore said some changes were anticipated for agricultural burns to accommodate those on north side of Capitan and in the Hondo Valley rural areas.

Commissioner Lynn Willard asked what types of fires fall within the recreational classification and Kenmore said campfires. Stone said a 48-hour minimum hold for fireplace ashes before disposing of them should be expanded to 72 hours, but added, “I don’t know how you control that.”

Sheriff Robert Shepperd said he reviewed the proposed ordinance with the county district attorney and concerns were raised about possible private property rights infringement.

“I understand the safety of the community, but we already have a process in place to call ahead of a burn,” Shepperd said. “One of the main issues I have is the word ‘mandatory’ in the section about calling in, and that’s not found in state statutes.”

He prefers to leaves the decision whether to charge someone who has violated ordinance with a petty misdemeanor up to the investigating officer, the sheriff said. “We discussed if that needs to be removed,” he said. “If there are extenuating circumstances, it shouldn’t be mandatory anything.”

If a firefighter is driving down a road and sees smoke, and he cuts a fence or jumps a posted gate, he is in violation of the state trespassing law, he said. He agreed that some language may be needed, because there are residents in the county who obstruct firefighters from doing their job.