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Union County adopts stricter open-burning ordinance tied to National Weather Service advisories
Summary
Union County commissioners approved an amendment to Ordinance UCC 2003-02 on April 15, 2025, to allow the county emergency manager to prohibit open burning when certain National Weather Service advisories or warnings are forecast or in effect; the ordinance includes definitions, notification procedures and penalties.
Union County commissioners approved an amendment to Ordinance UCC 2003-02 Section 3 on April 15, 2025, authorizing the county emergency manager, after consulting local fire and law enforcement officials, to declare a fire danger emergency and prohibit open burning when the National Weather Service issues a wind advisory, high wind watch, high wind warning, fire weather watch, or red flag warning.
The ordinance text, included in the minutes, defines "open burning" broadly to mean any outdoor fire not contained within a fully enclosed fire box or structure and exempts certain uses such as charcoal grills, liquid-fueled stoves, fireplaces within buildings, and permanent fire pits in supervised developed campgrounds. It also requires that burn barrels meet construction and placement standards and that anyone starting open burning must notify the Union County Sheriff's Office Communications Center with burner name, address, phone number, material and location before ignition.
The amendment ties the effective period of any no-open-burning declaration to National Weather Service advisory conditions and authorizes the Union County Emergency Management Office to post notice via social media and local media outlets. It includes enforcement provisions: a maximum penalty of up to 30 days imprisonment, or a $500 fine, or both, citing South Dakota Codified Law 22-6-2(2). The ordinance also states that costs for suppression, mutual aid, and other response expenses shall be borne by the person responsible for the violation, citing SDCL provisions for cost recovery.
The change was approved on a motion by Commissioner Ustad and seconded by Commissioner Ballard; the minutes record the ordinance as "Amended and Adopted April 15, 2025." The ordinance document in the minutes notes prior procedural steps: notice of hearing March 20, 2025; first reading March 18, 2025; second reading April 1, 2025; adopted April 15, 2025; published and effective April 23, 2025.
The amendment revokes the prior version of the ordinance upon taking effect. The minutes do not record opposing votes or dissent on the measure. The board recorded the ordinance text in full in the minutes and set the effective date as April 23, 2025.
