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Mason County staff outline changes to burn regulations, urge code update to Chapter 9.48

5055224 · June 24, 2025
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Summary

County staff reviewed current burn rules, described an MOU that makes Mason County an outlier in regulating land-clearing burn permits, and proposed updates to chapter 9.48 including revocation authority, cost recovery for escaped burns and possible fire-district inspections.

A county staff member reviewing Mason County’s burn regulation practice told commissioners June 23 that the county’s rules are inconsistent with other jurisdictions and that staff plan to propose updates to county code, including changes to chapter 9.48 to clarify permitting, enforcement and remedies for escaped burns.

The presenter — described in the briefing as a county burn/fire-code staff member — said Mason County is unique in the state for an MOU with ORCA that delegates land-clearing permitting, and staff adopted a National Fire Danger Rating System–based policy in 2022 that ties burn restrictions to the county’s fire-danger signs and policy table.

The presenter summarized steps already in use to improve enforcement: a process by which fire departments’ incident reports are submitted to Environmental Health and can serve as affidavits enabling environmental health to cite illegal burning without having to witness it directly; the county has used that process twice, and one case was challenged in court and environmental health prevailed, the presenter said.

Looking ahead, staff recommended several possible changes to county code and practice: add an explicit ability to revoke land-clearing burn privileges for egregious violations; allow the county to recoup suppression or escape-control costs when permitted burns get away; and consider having local fire districts perform inspections tied to land-clearing permits because fire districts are typically first responders and develop site familiarity.

"One of the things I would recommend including ... would be just like there's a ceremonial provision which exempts religious ceremonies," the presenter said, adding the draft could also clarify exemptions such as flag retirements. The presenter also said the county currently sends weekly permit lists to fire districts to improve coordination.

No formal code change was adopted at the briefing; the presenter said they are drafting revisions to chapter 9.48 and will bring suggested language back to the commission for review.

The briefing also noted practical constraints: the presenter described being a part-time employee and said staff have been "creative" in coordinating enforcement with Environmental Health and fire districts; commissioners asked for a follow-up and the presenter said they will bring a draft code update forward.