Harvey County commissioners open process to reconsider fireworks sales ban after public request

Harvey County commissioners heard a request and a detailed discussion April 8 about whether to allow seasonal retail fireworks sales in the unincorporated county.

The discussion followed public comment from Michelle Green of Hutchinson, who said she has run fireworks stands for more than 30 years and asked commissioners to permit a single seasonal stand on gravel outside Burton. “The money that we will earn not only helps a business in Harvey County…we're going to be sponsoring 2 little boys from Harvey County for rodeo,” Green said, adding she has “never had a write up” in 30 years of operating stands.

County planning staff and legal counsel told the commission the county’s current regulations and resolutions are inconsistent: existing county resolution language effectively prohibits retail fireworks sales in the unincorporated county, while planning rules anticipate conditional-use permitting if retail sales are authorized. Karen, a planning staff member, said correcting the inconsistency requires both a change to the county resolution and the planning and zoning regulation amendment process, which involves a 21-day public notice, a planning commission public hearing and a waiting period for protests. She said that timeline makes it unlikely the county could complete the full legal process for this year’s fireworks season, though the process could be started immediately.

Sheriff Gay and deputies reported no operational objections to allowing a seasonal retail stand. “Give me a reason why we shouldn't support a fireworks stand in Harvey County outside city limits, and they had no reasons to not support them,” the sheriff said, adding past problems tend to arise from improper discharge of fireworks rather than from retail stands.

Commissioners discussed practical restrictions they would want to see if the sale of fireworks were authorized in the county — for example, seasonal limits, required gravel lots, separation from structures and containers for on-site seasonal storage that meet fire-safety standards — and raised distinct concerns about year-round wholesale or long-term storage of large quantities of fireworks. Planning staff and emergency management would need to review such storage proposals and identify required fire marshals’ conditions.

Commissioners directed staff to gather background and stakeholder input: specifically, to contact Harvey County emergency management for its record and rationale, to review the 2015 resolution that currently restricts fireworks sales, and to draft options for amending the resolution and planning regulations. Commissioners asked staff to return the topic for further discussion; staff noted planning commission procedures and statutory notice requirements would still apply if the commission chooses to change the county’s resolution.

For this season, Burton city officials indicated they can facilitate a temporary retail option inside the city limits; county staff and meeting participants encouraged Green to pursue that option while the county’s process proceeds.

The county did not take a formal vote to change the resolution on April 8; the commission directed staff to collect information and prepare draft changes for future consideration.