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Commissioners back delegating burn and fireworks restrictions to fire chief and county manager
Summary
Staff proposed using an existing county ordinance to let the county fire chief and county manager issue burn and limited fireworks restrictions without 30-day proclamations; commissioners generally agreed and asked for monthly reports and coordination with law enforcement and volunteer fire departments.
County staff proposed the Board of County Commissioners utilize an existing county ordinance to allow the county fire chief and the county manager to issue burn and fireworks restrictions as conditions require, rather than following the prior practice of issuing 30-day proclamations with public hearings.
County manager explained the ordinance (Grant County Fire Code Ordinance No. 14-02 §3(d)) already provides authority for the fire chief and manager to issue restrictions covering open burning, grilling, motorized equipment, smoking and the sale/use of specific fireworks. He noted the county must comply with state statute on fireworks prohibitions and cited the relevant statutory reference identified in staff materials (chapter 60, described in the meeting as N.M. Stat. §60-2C-7-C), which lists types of aerial devices and ground audible devices that counties may prohibit.
Commissioners said they supported the change as a way to respond more quickly to changing conditions; one commissioner emphasized that the board would continue to back the county manager’s decisions on restrictions. Several commissioners asked staff to coordinate enforcement planning with the sheriff and volunteer fire departments and to include burn-restriction status in monthly reports during dry conditions. The county manager and fire chief agreed to increase public outreach and to report conditions and any new restrictions at commission meetings.
No formal ordinance change vote was recorded in the work session; staff framed this as using existing ordinance authority and said the county would report restrictions back to the commission at each meeting or more frequently if conditions require. The county noted statutory limits on banning certain fireworks types and said broader prohibitions must follow the statute and coordination with agencies managing county lands.
Next steps: Staff will include burn/fireworks restriction status in Roger’s monthly report and coordinate outreach and enforcement planning with the sheriff’s office and volunteer fire departments.
