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Need for new burn law unclear

House Bill 1007, which was approved by the state Senate on Friday, appears to be well-meant. It would give county commissioners the authority to ban burning – including agricultural burns – when danger is high.

The problem is, they can already do that.

Across the state, awareness of the danger of wildfire is growing, and with that, the understanding that it is in all of our interests to help prevent it. At the same time, there seems to be little need for this law. It is addressing a problem that, at least around here, does not seem to exist.

In La Plata County, the sheriff is the fire marshal for all parts of the county that are not included in a fire district, tribal or federal lands. As a practical matter, that is no longer much.

When a landowner wants to burn something, the procedure is to apply for a permit to the appropriate fire district. Depending on conditions, the permit will be approved or denied. Should fire conditions get worse, the fire chiefs and the Sheriff’s Office will consult with other related agencies and – if appropriate – the sheriff will sign a letter to the county commissioners requesting a fire ban.

Such a prohibition can be instituted in stages if need be – from no fires outside designated campgrounds to an outright ban on open fires – including agricultural burning. Bans like that can and have been put in place by county authorities under existing law.

It is a collaborative, cooperative system of local control. And it works.



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