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Board advances Fly Rock ordinance amendment to first reading, opts for option aimed at holding permittees and blasters accountable
Summary
Supervisors advanced the first reading of an amended Fly Rock ordinance (Ordinance 2023‑2, Amendment 1), adopting draft Option 2 to assess civil penalties to the permittee and prohibit the blaster in charge from blasting for defined periods; the board scheduled second and third readings on July 28 and Aug. 11.
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The Van Buren County Board completed a first reading July 14 of an amendment to the county’s Fly Rock ordinance and agreed to carry Option 2 forward in the draft for subsequent readings.
The amendment clarifies definitions (blaster, blaster in charge, blasting company, permittee), sets notice and video‑recording requirements for blasting events, establishes review procedures for verified fly‑rock incidents, and prescribes civil penalties. Under the version advanced by the board, the first occurrence of fly rock by a permittee would carry a $500 civil penalty assessed to the permittee and a three‑year prohibition on the blaster in charge from blasting in the county for a conviction related to the event. A second occurrence within three years would carry a $750 fine and further permitting prohibitions. Language was also added requiring the county engineer or designee to review incident sites and request video footage, with a five‑day production window for requested recordings.
Board members debated two primary drafting approaches. Option 1 placed penalties on the permittee as the clearest mechanism; Option 2 — which the board opted to adopt for the draft — assigns fines to the permittee and adds a separate prohibition on the blaster in charge to reduce the likelihood that companies could circumvent sanctions by rotating employees or designating different permittees. Supervisors expressed concern about enforcement workload if staff had to screen every blasting notice to ensure a prohibited blaster was not listed; the drafter noted notices would be reviewed when incidents occur and that the proposed approach balances enforceability with accountability.
The ordinance was read in full for the first reading, acknowledged by the board, and the second reading was scheduled for July 28 with the third (final) reading set for Aug. 11.
