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Farmers press York County over ban on ditch burning; commissioners to seek legal clarification
Summary
Farmers have called county officials asking why they cannot burn roadside ditches. Commissioners criticized the county attorney's handling of permits, cited state statutes (39-301 and 39-311), and agreed to place the issue on a future agenda and to consult outside counsel for clarification.
Several commissioners reported receiving calls from farmers asking why they are not allowed to burn roadside ditches and urged the board to clarify policy and permitting.
One commissioner said county attorneys and fire chiefs were not issuing burn permits and suggested adopting a resolution authorizing sheriffs and fire chiefs in York County to issue permits for roadside burning. The speaker framed the action as a tool for ditch maintenance and expressed frustration that attorneys were preventing permits.
During discussion the board cited state statute numbers (referred to in the meeting as 39-301 and 39-311) and debated whether those statutes applied to county roads and ditch burning. The speaker acknowledged differing legal opinions could arise—"you can take three attorneys and you're going to get three opinions"—and recommended the board place the matter on a future agenda and, if necessary, consult the Clay County attorney for additional guidance.
No ordinance or resolution was adopted during the meeting. The board agreed to add the item to a future agenda so commissioners could consider a clarified policy or a resolution and to seek legal clarification before taking formal action.
