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Curry County declares 45-day fire danger emergency after uptick in brush fires
Summary
The Curry County Commission approved Resolution 2026-18 declaring a 45‑day fire danger emergency to increase public awareness and restrict crop burning without prior authorization; the measure passed 3–2 after debate about enforcement and practical effect.
The Curry County Commission voted to approve Resolution 2026‑18, declaring a 45-day fire danger emergency aimed at reducing the risk of brush and grass fires during a period of drying conditions.
Mister Silvers, the presenter on the resolution, said the county has seen an increase in brush fires since Jan. 1 (the meeting packet cited 24) and noted regional red-flag warnings. He described the measure as primarily a public-awareness tool and explained its practical elements: landowners who plan to do crop burning should contact dispatch to be evaluated by the sheriff, road department, the presenter’s office or the local fire chief; residents with New Mexico Environment Department‑approved incinerators may use them when winds are below 15 mph; and propane and charcoal grills remain allowed.
"We are simply using this to help them understand that burning in the way that they are used to… the hazard is increasing in our area," Silvers said.
County Attorney Mackey advised the commission that, as drafted, the resolution "complies" with the county ordinance governing fire danger declarations. Mackey said the legal question of whether an emergency objectively exists was one for fire experts and local officials to assess rather than for the attorney to decide.
Commissioner Martin expressed skepticism about the measure’s enforcement power. "What actual teeth does this have, and why do we need to implement it? Is it to divert liability from the county?" he asked, adding he saw the resolution as largely a notice to the public rather than a tool that will prevent accidental fires caused by vehicle chains or equipment.
Silvers acknowledged those limits, saying the declaration does not increase penalties under existing ordinances but is intended to heighten awareness and encourage voluntary compliance. Commissioner discussion also noted the measure could affect seasonal fireworks sellers and that neighboring jurisdictions have enacted similar restrictions.
The motion to approve the resolution passed on roll call with three votes in favor and two opposed: Commissioner Kane — yes; Chairman Bender — yes; Commissioner Madrid — yes; Commissioner Martin — no; Vice Chairman Leatherwood — no. The resolution can be rescinded by the commission at any time.
