Brown County commissioners begin work on temporary exception to burn permit rules for CRP season

Brown County commissioners reviewed a proposed change to the county's burn-permit policy aimed at giving local fire chiefs limited authority to approve Conservation Reserve Program (CRP) burns during a short seasonal window.

The proposal would align some county practice with the state rangeland fire index by allowing early-morning or late-evening burns when the state's index indicates 'high' danger but conditions during those limited hours would otherwise permit safe operations. Commissioners and staff discussed narrowing the change to CRP burns between Feb. 1 and April 15, the period many landowners use to complete required burns for CRP compliance.

Why it matters: County staff and livestock/row-crop landowners said the current blanket restrictions leave landowners at risk of CRP noncompliance and possible program penalties if a brief safe-weather window cannot be used. Leaders said the county's objective is to allow responsible, attended burns while reducing potential liability for the county and local fire departments.

Discussion and next steps: The county presented a 2015 county resolution that currently governs open burning; several commissioners asked staff to circulate a redline of a previously drafted resolution that would expressly allow fire chiefs to grant exceptions within the CRP window and to include objective parameters (time-of-day, required attendance and notification to dispatch). County staff and the county attorney said the legal risk is lower if county language closely mirrors state guidance (for example, specifying 'early morning' and 'late evening' hours and limiting the exception to CRP). The sheriff's office and multiple fire chiefs told commissioners they would prefer clear, measurable parameters rather than case-by-case discretion.

Commissioners did not vote on a resolution at Monday's meeting. They agreed to have staff print and distribute the proposed language and return with a formal ordinance/resolution next week for further review and possible adoption. Staff also agreed to survey current fire chiefs and clarify the dispatch/notification process so that any new rule would identify exactly how chiefs would register approved burns with sheriff's dispatch.

Clarifying detail: The Feb. 1'April 15 window was suggested because U.S. Department of Agriculture Farm Service Agency staff told county stakeholders most CRP burns in Brown County are completed in that period; failing to burn may put landowners out of compliance with CRP contract requirements.

Ending: Commissioners asked staff to circulate the two draft resolutions already in circulation, to consult the county attorney and insurers about liability language, and to return with a final draft for formal action at the next meeting.