Fulton County Commissioners highlight potential penalties in violating burn ban

Due to recent fires, Fulton County Commissioners are emphasizing penalties associated with violations of a countywide burn ban currently in effect. 

Hoping to curb violations of a countywide burn ban, Fulton County officials are getting word out on potential penalties. 

Meeting in regular session Monday, commissioners acknowledged that more emphasis on the burn ban was needed due to recent fires while the ban is still in effect. The ban was reinstated Oct. 7 after having been lifted just two weeks earlier. 

The burn ban went into effective immediately upon its passage and came upon the recommendations of the Fulton County Emergency Management Agency and local fire departments.

The order declares that the following activities are prohibited in Fulton County:

• Open burning of any kind using conventional fuel such as wood, or other combustible material, with the exception of grills fueled by charcoal briquettes or propane (charcoal from permitted grill shall not be removed until the charcoal has been thoroughly extinguished);
• The burning of debris, such as timber or vegetation, including such debris that results from building construction activities.

Small cooking campfires and small covered fires, however, are permitted. Only larger fires, such as recreational bonfires or the burning of wooded debris and/or waste, are prohibited.

"We found that there is a state statute that violating the burn ban is a Class C misdemeanor," Commissioner Dave Sommers said. "This carries a jail sentence up to 60 days and a fine of up to $500."

Sommers added that it would take several days of significant rain to lift the burn ban. 

"We are extremely dry, two and a half months without any rain," he said. "There are still people out here wanting to burn leaves, burn trash in their burn barrels, things along this line. We've had corn field, bean fields – both standing and not – catch fire."

Russ Fear, who experienced crop loss from a fire while the burn ban has been in effect, shared his concern with commissioners. 

"This morning, I went over to a field to pick corn, looked out across the road and a lady is burning trash in a barrel with no screen or anything on it," he said. "I went over and told her, I said, 'Hey, there's a burn ban in Fulton County.'"

The woman reportedly stated that she was unaware of the ban and commented about nearby alfalfa being unable to burn due to being green. 

"Two feet from the burn barrel was dead grass in a fence row," Fear said. "There's just so many people that don't know what's going on out there. I'm worried about somebody getting hurt, or crop loss. It's a real concern for the county."

Offices of the sheriff, 911 Communications and Emergency Management Agency are to help spread the word on the burn ban. 

"We'll address it as much as we can," Sheriff Travis Heishman said. "It's a concern for all of us because it's super dry out."

Sommers additionally encouraged people who notice a violation to contact the sheriff's office by calling 574-223-2819. 

"Travis, my big suggestion is you start filing misdemeanors, the word's going to get out," County Attorney Holli Shorter-Pifer said, adding that the court process also allows for restitution in the event that someone experiences financial loss from a violation. 

"I was real lucky with mine," Fear said of his crop loss. "It's a neighbor, and they have agreed to pay for the damages. That's not going to happen every time."

A statewide map of counties that have burn bans is available at in.gov/dhs/burnban. This map will be updated once Fulton County has returned to a normal burning status. Further updates also are to be posted to the Fulton County website and the Fulton County EMA Facebook page.