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Grant County declares extreme drought and keeps fireworks restrictions but notes statutory exemptions
Summary
The Grant County Board of County Commissioners declared most of the county in extreme drought and approved a proclamation continuing restrictions on fireworks use; county attorney said state law narrows what local governments may prohibit.
Grant County commissioners on Wednesday declared extreme and severe drought conditions across most of the county and voted to continue restrictions on the use of fireworks in unincorporated areas.
The declaration, presented as a proclamation at the board's May regular meeting, followed a public hearing and a staff recommendation that commissioners keep existing fireworks limits while the region remains under drought conditions.
County Attorney Benjamin told commissioners that state law includes a list of exemptions and carve-outs the county cannot prohibit. "The statute has a list of exemptions ... any counties and municipalities do not have authority to prohibit or ban those," he said, adding that the county's proclamation language mirrors that statute.
Commissioner Flores asked why the proclamation's Section 3 appears to allow some uses after Section 2 bans fireworks. Benjamin and county staff responded that the language reflects the state statute and the exemptions it contains. "We do have to comply with what statute allows, and so that language is consistent with state statute," the county attorney said.
A motion to approve the proclamation was made by Commissioner Medina and seconded; the motion passed with those present voting in favor.
The action keeps in place local restrictions intended to reduce wildfire risk while recognizing statutory exemptions that remain outside county control. No public testimony was recorded during the hearing; commissioners closed the public hearing before approving the proclamation.
Commissioners did not adopt additional local penalties or new enforcement provisions during the meeting; the proclamation and its statutory exceptions were the formal action taken. The county attorney recommended the board rely on the statute's exemptions when advising the public and enforcement staff.
The proclamation and the board's statements are effective immediately; county staff did not identify any planned changes to enforcement procedures at the meeting.
