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Suwannee County adopts ordinance enabling fire chief to declare burn bans amid drought concerns
Summary
After a public hearing and public questions about data and enforcement, the Suwannee County Board of County Commissioners unanimously adopted an ordinance giving the fire chief authority to declare or lift burn bans subject to later board approval; violations are a second-degree misdemeanor when committed knowingly.
The Suwannee County Board of County Commissioners on March 17 adopted an ordinance authorizing the county fire chief to declare and lift countywide burn bans in response to drought and public-safety conditions.
County counsel Adam Morrison told the board the ordinance would give the chief immediate authority to act during extreme drought but that any declaration or rescission must be presented to the board at its next regular meeting, where the commissioners may accept or veto that action. Morrison said enforcement would include a criminal penalty: “it’s made a second degree misdemeanor to knowingly violate the burn ban,” and that the ordinance’s language requires proof the person had knowledge of the ban before prosecution.
The proposal includes an objective trigger for enactment so the power is not purely discretionary: “over 50% of the county has to have an average of 500 on the Keetch–Byram Drought Index,” Morrison said, describing that standard as an attempt to constrain unilateral action.
Chief Miller described recent local fires and the difficulty of controlling a blaze once conditions are extreme: “three weeks ago… a gentleman had a tractor, had a garden hose, 60 acres, and the house burned,” he said, arguing the ordinance is intended to provide the county a tool when conditions make otherwise routine burns hazardous.
During the public hearing, residents asked whether there was supporting data and whether the county had grown to a level that required a formal ban. Steve Fontana, who said he was not taking a position for or against the ban, asked, “Is there data that supports why we need to have a new law?” Morrison answered that Florida’s Division of Emergency Management had issued drought advisories and that surrounding counties had adopted ordinances.
After discussion, Commissioner Land moved to adopt the ordinance and Commissioner Fleming seconded; the motion carried unanimously, 5–0. The board closed the public hearing and returned to general business.
The ordinance places initial operational authority with the fire chief but reserves final oversight with the BOCC at its next meeting; county staff said forestry permits remain possible during a county burn ban and that parties may still request permits from the state in some circumstances.
The board approved the ordinance without amendment; the commission did not set a future automatic review date during the meeting.
