Eddy County commissioners debate rescinding business-license ordinance after mixed feedback from fire officials

Eddy County commissioners debated whether to rescind or modify Ordinance 21-108, the county business-license rule enacted in October 2021 that requires individuals conducting business outside municipal limits to obtain a county business license and pay a $25 application fee.

The ordinance drew scrutiny at the commissioners' meeting because some commissioners and business owners say neighboring counties do not require such licenses and that the rule can impose burdens on small businesses. County staff and fire-rescue officials told the board the license was originally adopted to help emergency responders inventory hazardous materials and to document business locations for inspections.

A community-services staff member summarized the ordinance for commissioners: "The application fee is $25." The staff member said the county typically processes a business-license application within about 30 days if an inspection by fire and rescue is required.

Commissioner Carlson said the license helps fire-rescue "account for all the new businesses going in" and understand "what type of materials might be on-site for fire and rescue at the time." Commissioner Bowen, who said he was on the commission when the ordinance was adopted, said he supported the ordinance initially for that reason but asked whether fire-rescue still considered it necessary. He told the board, "If they're not concerned, I'm not concerned. But I wanted to hear it from them that they're not concerned before I would sign off on something that they had asked for to begin with."

Fire and rescue representatives and Office of Emergency Management staff described processes outside the license that already provide hazardous-material information to first responders. An Office of Emergency Management official said that businesses regulated by OSHA and larger companies routinely submit material safety data sheets and that those sheets are collected annually and loaded into the county's CAD so first responders can view them "en route." The official said those data are used "for every business, I believe, out in the county." Another speaker said fire-rescue conducts life-safety inspections and sometimes discovers unreported hazards during those visits.

Several commissioners said that municipalities use business licenses in part to enforce zoning and that the county has no zoning authority; one commissioner called the county license "the government getting in the way of business." Others said the license has practical safety value.

After extended discussion, the board agreed to schedule the item as an action item at a future meeting with fire-rescue leadership present. A county staffer explained the legal steps to repeal or modify the ordinance: a formal proposal, required public notice and a public hearing; staff warned the full repeal process could extend to November because of notice requirements.

The board did not vote to rescind or amend the ordinance at this meeting; instead commissioners directed staff to place the item on a future agenda and asked that Chief Mac or Chief Sunagua attend the next meeting to present the department's current position.

Why this matters: The ordinance affects any individual or business operating outside municipal boundaries in Eddy County, and the decision could change what documentation businesses must file and how first responders access hazardous-material information.

Next steps: The board will consider a formal repeal or amendment as an agenda item at a future meeting after staff completes legal notifications and schedules fire-rescue leadership for a presentation.