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Commissioners adopt burn-ban ordinance giving fire marshal authority during state of emergency
Summary
The board adopted an ordinance delegating to the Mitchell County Fire Marshal authority to impose county-wide burn bans during hazardous forest-fire conditions or air-pollution episodes while a local state of emergency is in effect; the ordinance establishes penalties and notification procedures.
Mitchell County commissioners read and adopted an ordinance that delegates to the Mitchell County Fire Marshal the authority to impose a burn ban during hazardous forest-fire conditions or air-pollution episodes while the county is under a declared state of emergency.
The ordinance’s intent language, read aloud by county staff, said the measure is designed to "protect the health and safety of the residents of the county during times of hazardous forest fire conditions" and to delegate authority so the burn decision can be made quickly in response to changing conditions. The ordinance requires the fire marshal to communicate burn-ban declarations to the North Carolina Forest Service and Mitchell County Emergency Management.
The draft ordinance makes burning brush piles, debris and maintenance fires unlawful during declared hazardous conditions and sets penalties for violations. As read in the meeting, the penalty section describes a misdemeanor punishable by a fine "not more than $500 nor imprisonment not more than 30 days" and allows the county to assess civil penalties; each continuing day of violation would be a separate offense. The ordinance also authorizes civil remedies, including injunctions and abatement orders, and indicates the county may collect costs as unpaid taxes.
County staff, the county attorney and local fire officials discussed enforcement discretion and community outreach. The county attorney clarified that the statute cited in the ordinance allows the county to adopt such measures and that the ordinance is intended as a tool to protect property and public safety rather than to punish first-time or minor noncompliance.
After questions from commissioners about signage, social-media notices and the common-sense approach to warnings for first-time offenders, a motion was made and the board moved forward to enact the ordinance; staff asked that public-relations notices be prepared to inform residents when bans are imposed.
Ending: Staff said the ordinance becomes effective on adoption; commissioners asked staff to publicize the ban through social media and local media channels and to revert to the board later with any recommended clarifications to enforcement thresholds.
