Minnehaha County bans open burning, declares fire emergency

The Minnehaha County Board of Commissioners on Oct. 13 adopted Resolution MC20-65, declaring a countywide fire danger emergency and prohibiting open burning outside incorporated municipalities until the chair rescinds the order in consultation with the county emergency management director.

Jason Gearman, Minnehaha County Emergency Management Director, presented the resolution and said the declaration responds to dry conditions, unseasonably warm temperatures and windy weather. Maggie Gillespie, Senior Deputy State’s Attorney, advised the commission on the board’s statutory authority and the county ordinance definition of "open burning." Commissioners amended a typographical error in the draft resolution to specify that the ban remains "until rescinded by the Chair of the Board of County Commissioners in consultation with the Emergency Management Director."

By roll call, the commission approved the amended resolution, 5 ayes. The resolution cites SDCL 7-8-20(18) and SDCL 7-18A-8 and references Minnehaha County Ordinance MC34-04 as the definition for open burning. The text declares the ban necessary "for the immediate preservation of the public safety" and takes effect immediately.

The resolution exempts incorporated municipalities within Minnehaha County. The commission did not set a calendar end date; the ban remains in place until the chair rescinds it after consultation with the emergency management director.

Next steps: the emergency management office will enforce the prohibition consistent with county ordinance and provide guidance to residents and local fire chiefs as conditions change.