Dry Conditions Prompt Action By Otero County

Otero County Commissioners adopted an ordinance Monday to restrict outdoor burning in the unincorporated parts of the county. The move comes as a dry winter and a dry spring have caused concerns for wildfires.

There are fines for violations and different stages depending on rainfall and other conditions.

The ordinance 26-001, makes an exemption for obtaining a permit for agricultural burning but it can still be restricted or banned during high fire danger periods.  (see more information below)

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The following is a summary from the resolution and is pasted below:

• Open Fire/Open Burning: Includes bonfires, campfires, burn barrels, fireworks, outdoor flame-producing devices, and burning of ditches, fields, farmlands, wildlands, trash, or debris.

• Fire Restriction Stages:

  • Stage 1: Prohibits most open burning, fireworks, and outdoor smoking (with some exceptions for developed campgrounds, private residences with cleared areas, and certain devices).

  • Stage 2: Prohibits all open burning (with limited exceptions), fireworks, outdoor smoking (with stricter conditions), use of internal combustion engines without spark arrestors, and welding/torch use unless strict safety measures are followed.

 Automatic Restrictions During Red Flag Warnings:

• When the National Weather Service issues a Red Flag Warning for Otero County, Stage 2 Restrictions automatically take effect for the duration of the warning.

• All ongoing open fires or burning must be immediately extinguished during these periods.

Permitting and Exemptions:

• State Permits: Most open burning requires a permit from the Colorado Department of Public Health and Environment (CDPHE), except for certain agricultural operations as allowed by state law.

• Agricultural Burning: Exempt from permit requirements only to the extent allowed by state law. However, agricultural burning can still be restricted or prohibited during Stage 2 or Red Flag Warnings.

• County Does Not Issue Burn Permits: All permits are issued by the state, not the county.

Exceptions:

• Commercial/community fireworks displays (with proper permits and not during Stage 2/Red Flag unless specifically approved).

• Common household uses (indoor fireplaces, gas stoves, etc.).

• Outdoor charcoal grills and wood-burning stoves at private residences (with safety clearances) during Stage 1.

• Agricultural burning is allowed only when not otherwise prohibited, must maintain a 25-foot cleared area, and requires prior notice to the Sheriff or Fire Chief. Burning of irrigation ditches is only allowed within irrigated farmlands and when necessary for crop survival.

• All fires must be continuously attended and extinguished if conditions become unsafe or if ordered by authorities.

Enforcement and Penalties:

• Enforced by the Sheriff, deputies, fire chiefs, and other authorized officials.

• Violations are Class 2 petty offenses, punishable by fines up to $1,000 per offense (plus surcharges). Graduated penalty assessment schedule: $250 (first offense), $500 (second), $750 (third), $1,000 (subsequent offenses).

• Each day a violation continues may be treated as a separate offense.

• Fines are paid to the county's General Fund.

Authority and Flexibility:

• The Board, Sheriff, or designee can declare, modify, or rescind fire restrictions as conditions change, without further proceedings.

• Public notice of restrictions is provided via the county website or other official channels.

Safety and Review:

• The ordinance is declared necessary for immediate public safety and can be amended or repealed as needed.

Implications for Residents and Landowners

• Increased Responsiveness: The ordinance allows for rapid implementation of restrictions based on real-time fire danger (e.g., Red Flag Warnings).

• Clearer Rules: Residents and landowners have clear guidance on what is and isn't allowed during different fire restriction stages.

• Agricultural Operations: While agricultural burning is generally exempt from state permitting, it can still be restricted or banned during high fire danger periods. Farmers must maintain safety clearances and notify authorities before burning.

• Enforcement: Violations can result in significant fines, and enforcement is coordinated among law enforcement and fire officials.

• Public Safety: The ordinance prioritizes wildfire prevention, especially during periods of high risk, to protect lives, property, and natural resources.

Example Implementation:

• During a Red Flag Warning, a farmer planning to burn crop residue must immediately halt all burning activities, regardless of prior notification or state exemption.

• A resident using a charcoal grill at home during Stage 1 must ensure the area is cleared of flammable materials; during Stage 2, even this may be prohibited.

The entire name of the ordinance is:

An ordinance restricting open fires and open burning in the unincorporated areas of Otero County. 26-001

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