Clay County commissioners consider rewriting burn ordinance to hold fire starter responsible

Chair opened a lengthy discussion on a proposed revision to Clay County's open‑burning ordinance that would make "the adult burner who started the fire" the person responsible for supervising it.

The proposal, presented by the Chair, would replace language that tied responsibility to the property owner or the person supervising the burn with wording that identifies the person who started the fire as responsible and recommends imposing the state‑level fine: "$54 fine" plus court costs. The Chair said the draft will be coordinated with the sheriff and fire chiefs and returned as a proposed ordinance.

Why it matters: commissioners said the change is intended to simplify enforcement and avoid recurring finger‑pointing when a burn spreads. The proposal also would state there is no jail time for the ordinance violation, which the Chair said would limit the right to a public defender and make contested cases civil or pro se matters.

Several commissioners and department representatives raised concerns about how the rule would treat campgrounds and permanent fire pits. "Campfires are exempt," the Park representative Jeffrey said, and commissioners discussed whether Clay County Park should remain exempt from temporary burn bans ordered during National Weather Service fire weather watches or red flag warnings.

The fire department representative urged caution about broad exemptions. He noted that some neighboring counties maintain permanent burn bans and that the county's current automatic trigger tied to the National Weather Service already suspends open burning when conditions become dangerous.

One commissioner proposed a practical enforcement step: when a red flag warning is in effect, camp hosts would post premade signs reading "Red flag warning, no campfires" and ask campers to extinguish fires; hosts would document calls so staff know who lit a prohibited fire.

The Chair said he will work with sheriff and fire chiefs on cleanup language, provide a draft to commissioners and either return for a further discussion or present a formal ordinance at the next meeting. "We'll have a conversation, and then we'll come up with a plan over the next week," the Chair said.

What happens next: staff will clean up ordinance language, coordinate with public safety officials and bring a proposed ordinance (and recommended first‑reading process) back to the commission for action.