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Eddy County staff move to remove 300-foot exemption in nuisance-vegetation ordinance; public hearing set for April
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Summary
County fire and code staff recommended removing a provision that exempted nuisance-vegetation enforcement for occupied structures on lots greater than three acres; commissioners directed staff to place the amended ordinance on the April agenda for a public hearing with 14 days' notice.
Eddy County staff told commissioners on March 10 they recommend removing the sentence in the county nuisance-vegetation ordinance that exempted properties larger than three acres from enforcement within 300 feet of occupied structures.
A Fire and Rescue official presented the change as a public-safety measure, saying the county needs authority to identify properties that present fire threats and work with landowners to remediate hazards. —This would give us the ability to identify these properties that are potential threats and work with the landowner to try to get them cleaned up,— the official said, adding that agricultural operations remain protected under the agricultural exemption and landowners must apply for agricultural status through the assessor's office.
A staff member noted the amendment also aligns enforcement authority with the department's current structure, moving code enforcement duties into the fire-and-rescue department for operational consistency. Commissioners discussed fairness of application and staff said they would apply the rule uniformly.
Commissioners voted to recommend placing the revised ordinance on the agenda for a public hearing at the April meeting; staff reported they would provide 14 days' notice before the hearing. The hearing will be the forum for public testimony and any further amendments to the proposed language.
No formal vote to adopt the ordinance was taken; the action at this meeting was to schedule a public hearing.
