I have noticed this week that various counties are enacting a burn ban. I am hesitant to armchair quarterback what other counties do, but it seems to me some of them are incorrectly implementing a ban. Logan County has been historically hesitant to enact one out of emotion. Enacting a ban is a legal act that sets in motion criminal proceedings that could cost the state and an accused violator a lot of money and jail time. The District Attorney would have to prosecute the violator. The District Court would have to hold a hearing or a trial on the crime. The county jail could have to incarcerate someone found guilty of violating the ban for up to one year. As you see, this is a serious matter and a ban must be enacted lawfully in order to be enforceable.
“Any person who violates a county ban on outdoor burning is guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500), and/or imprisonment for not more than one (1) year.” The Oklahoma State Forestry has posted the law and a checklist on their web site. You will find a map indicating which counties have enacted a ban at http://www.forestry.ok.gov/burn-ban-information
One requirement that must be met is the drought condition. People may not realize there are five levels of drought. Logan County currently is at the “abnormally dry level.” That is the least level of drought and does not qualify for a county burn ban. I always ask a couple of questions of myself. How can I knowingly vote to enact a ban I know is unlawful? I do not believe I can. How can I support a ban that does not meet the legal requirements that could place someone in jail for one year? I can’t, until the guidelines are met according to the law.
Here is the part of law that applies to counties: B. 1. It is unlawful for any person to set fire to any forest, grass, range, crop or other wildlands, or to build a campfire or bonfire, or to burn trash or other material that may cause a forest, grass, range, crop or other wildlands fire in any county of this state in which the board of county commissioners of the county has passed a resolution declaring a period of extreme fire danger. As used in this subsection, “extreme fire danger” means:
a. severe, extreme, or exceptional drought conditions exist as determined by the National Oceanic and Atmospheric Administration (NOAA) pursuant to its criteria,
b. no more than one-half (1/2) inch of precipitation is forecast for the next three (3) days, and
c. either of the following:
(1) fire occurrence is significantly greater than normal for the season and/or initial attack on a significant number of wildlandfires has been unsuccessful due to extreme fire behavior, or
(2) where data is available, more than twenty percent (20%) of the wildfires in the county have been caused by escaped debris or controlled burning.
2. A majority of the board of county commissioners may call an emergency meeting at any time to pass or revoke a resolution declaring a period of extreme fire danger in accordance with this section.
3. A board of county commissioners shall have the documented concurrence of a majority of the chiefs, or their designees, of the municipal and certified rural fire departments located in the county that a period of extreme fire danger exists prior to passage of a resolution declaring a period of extreme fire danger in the county. The resolution shall be effective for a period not to exceed thirty (30) days from the date of passage by the board of county commissioners, unless the burn ban is removed earlier by the same method by which it was approved. If extreme fire danger conditions persist, subsequent resolutions may be passed by the board of county commissioners in the same manner as provided in this paragraph. The board of county commissioners, in the resolution, may grant exceptions to the fire prohibition based on appropriate precautionary measures.
4. Any resolution passed by a board of county commissioners under authority of this subsection shall be effective immediately upon passage of the resolution. Notice of the resolution shall be submitted to the Forestry Division of the Oklahoma Department of Agriculture, Food, and Forestry, all local news media, local law enforcement officials, and the state headquarters of the Department of Public Safety, the Oklahoma Tourism and Recreation Department and the Department of Wildlife Conservation on the day of passage of the resolution. Evidence of publication or posting as provided in this paragraph shall be maintained by the county.
5. The provisions of this subsection may be enforced by any law enforcement officer of this state.
6. Any person convicted of violating the provisions of this subsection shall be guilty of a misdemeanor and shall be subject to a fine of not more than Five Hundred Dollars ($500.00), to imprisonment for not more than one (1) year, or to both such fine and imprisonment.
The best thing for citizens to do is to use common sense. If the wind is blowing, don’t burn. Don’t leave a fire unattended. When making the decision of whether to burn or not, err in favor of caution. Don’t consider your area only, but look at the potential of affecting someone else’s property. Remember, if you start a fire that burns your neighbor’s property, you are responsible. Always check with your local fire department. They can advise you if conditions are not good for burning.
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