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Huntington Township removes 'excessive odor or smoke' clause from burn-ban ordinance after heated debate

Huntington Township Planning/Board meeting · April 22, 2024
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Summary

Supervisors voted to strike a clause and related definition that would have banned fires producing 'excessive odor or smoke,' after residents and members said the language was too vague and could be enforced unevenly. The board will circulate a revised draft aligned with county guidance.

Huntington Township supervisors moved on and approved a revision to a proposed burn-ban ordinance after members and residents objected to a provision that would have prohibited fires that "create excessive odor or smoke." The motion to remove section 3 and the related definition passed after discussion and an 'aye' vote.

The ordinance was introduced to give the township authority to restrict burning during drought conditions. Speaker 4 said the draft was prompted by last year’s drought and intended to give the township a way to limit burning when fire risk is elevated. Residents and board members pushed back on a sentence in the draft that read, "no fires burning shall create excessive odor or smoke."

"How do you have a fire with no odor or smoke?" Speaker 4 asked during the discussion, reflecting a frequently raised concern that the clause was not measurable. Multiple speakers noted that what is "offensive" to one person may not be to another and warned the language could invite inconsistent enforcement or frequent complaints. Speaker 6 called the definitions "so vague and broad" and said, "If the purpose was to ban burning during a drought, nobody has a problem with that. It's when you interject all this other stuff that people don't want it."

Several residents urged aligning township rules with county control procedures so homeowners receive consistent guidance. Speakers pointed out existing county practices — such as telling callers that fires should be extinguished by dark and setting a 50-foot clearance from structures or wooded areas — and said the township should mirror that language rather than adopt a subjective "excessive" standard.

The board voted to strike section 3 and its definition and agreed to produce a revised draft that more closely follows county control guidance and clarifies setbacks and extinguishing requirements. No fines, timelines, or new enforcement procedures were finalized at the meeting; the group said it will circulate a modified ordinance for review before the next supervisory meeting.