Harvey County staff recommend keeping ban on rural fireworks sales, commissioners express consensus

Harvey County planning and emergency-management staff told the Board of County Commissioners on June 10 they recommend leaving the county'wide resolution that prohibits retail fireworks sales in unincorporated areas unchanged.

Karen Rothe of Harvey County Planning and Zoning said staff reviewed the county's rules back to the 1970s, surveyed neighboring counties and consulted local fire personnel, the State Fire Marshal's Office and the Kansas Association of Counties. "At this point in time, I think, both of us are recommending that we do not change the resolution," Rothe said.

Mike Anderson of Harvey County Emergency Management agreed: "I would agree with everything Karen has said," he told commissioners, noting that retail sales would increase inspection and enforcement needs and could raise taxpayer costs unless fees were set high to offset them.

Rothe told the board the county lacks a ready enforcement structure for multiple temporary retail sites. She said inspections, ensuring timely teardown, preventing prohibited items such as bottle rockets from being sold and policing use of extension cords would require significant staffing. She also said all Harvey County cities except North Newton currently allow fireworks sales, so county residents can obtain fireworks inside city limits.

Commissioners discussed risks staff identified, including increased traffic on township roads, longer emergency-response times because the county has no rural fire departments and the possibility of people crossing Highway 50 to reach stands. One commissioner recounted a past incident in which fireworks set off near a township road started a fire in a wheat field.

Rothe outlined an alternative for cities that want to control sales: pursue extraterritorial zoning authority to extend planning and zoning control outside city limits. She said county stakeholders held a conference call April 22 and a combined in-person/Zoom meeting May 6 that included the State Fire Marshal and representatives of the Kansas Association of Counties.

After discussion, the board reached a consensus not to change the current county resolution; no formal vote was taken.

Background: County staff said McPherson County allows fireworks sales, Reno County allows sales in unzoned areas but not in zoned areas, and allowing sales in Harvey County would likely require new enforcement resources or higher permit fees to avoid raising taxpayer costs.