HomeMy WebLinkAboutBan on Open Burning & State 1 Fire Restrictions - High Fire Danger - Yellowstone County CorrespondenceBAN ON OPEN BURNING & STAGE 1 FIRE RESTRICTIONS
HIGH FIRE DANGER
YELLOWSTONE COUNTY
RESOLUTION NO. 20-50
WHEREAS, the Board of County Commissioners of Yellowstone County, Montana,
have received a burning ban recommendation from the County Fire Warden, the Rural Fire
Departments and from State and Federal land management partners. These groups suppress
wildland fires and coordinate fire restrictions on federal, state and private lands in the Billings
area and Yellowstone County. They include representatives from the Volunteer Fire Departments
in the County, US Forest Service, Bureau of Land Management, Bureau of Indian Affairs,
National Park Service, Montana Department of Natural Resources and Conservation, Montana
Department of Fish, Wildlife and Parks, and the County Fire Wardens of Big Horn, Carbon,
Musselshell, Stillwater, Sweet Grass, Treasure, and Yellowstone Counties; and
WHEREAS, the Board of County Commissioners want to establish public awareness of
the fire danger in Yellowstone County and aid in the prevention of rural wild land fires; and
WHEREAS, the hot weather and lack of precipitation has caused grasses, vegetation and
light fuels throughout the County to become extremely dry; and
WHEREAS, the Board of County Commissioners has investigated said requests and the
current conditions in the County and finds said requests to be in the best interest and welfare of
the citizens of Yellowstone County, Montana; and
WHEREAS, wild land fires have already occurred, burning many acres of range and
timber land throughout Montana, requiring the expenditure of tax dollars and volunteer time for
fire fighting; and
WHEREAS, the public is asked to honor the burning ban and the restrictions to decrease
the chance of human -caused fires and avoid further resource and property damage as well as
additional strains on fire -fighting personnel, equipment and budgets,
NOW, THEREFORE, IT IS HEREBY RESOLVED:
1. That, per 7-33-2205, MCA, the Board of County Commissioners set the 2020 fire
season from the effective date of this resolution until this resolution is rescinded: and
2. That, during the fire season, a person may not ignite or set a fire, including a
slash -burning fire, land -clearing fire, debris -burning fire, or open fire within
the county protection area on any residential or commercial property, forest,
range, or croplands subject to the provisions of this part without having
obtained an official written permit or permission to ignite or set a fire from the
recognized protection agency for that protection area with the exception of
agricultural burning per 3.d.ii below.
3. That, Stage 1 Fire Restrictions are ordered for all areas of Yellowstone County and
the following acts are prohibited until further notice:
a. Building, maintaining, attending, or using a fire unless noted in the
exemptions BELOW.
b. Smoking, except within an enclosed vehicle or building, a developed
recreation site or while stopped in an area at least three feet in diameter
that is barren or cleared of all flammable materials.
Exemptions to the above prohibitions are allowed only for:
a. Persons using a fire solely fueled by liquid petroleum or LPG that
can be turned on and off. Such devices can only be used in an area
that is barren or cleared of all overhead and surrounding Flammable
materials within three (3) feet of the device.
b. Any Federal, State, or local officer or member of an organized rescue
or firefighting force in the performance of an official duty.
c. All land within a city or town boundary is exempted.
d. Other exemptions unique to Yellowstone County including.
i. Recreational fires or commercial -type of fixed or portable outdoor
fireplaces measuring less than 48 inches in diameter that are
surrounded by a nonflammable structure and for which a suitable
source of extinguishing the fire is available.
ii. Farmers and ranchers or companies with a valid burn permit and a
written permit from the County Fire Warden and/or Local Fire Chief
that specifically authorizes the otherwise prohibited act.
4. That, the County Fire Warden cease and desist from issuing new open burning
permits during this period and suspend existing permits, with the exception of 3.d.ii
above; and
5. That, a person who purposely ignites a fire in violation of this section
i. Shall reimburse the county governing body or recognized protection agency
for costs incurred for any fire suppression activities resulting from the illegal
fire, as provided in 50-63-103 MCA.
ii. Could be fined up to $5,000 individually or $10,000 for an organization and
imprisoned for up to 6 months for violating restrictions and closures.
6. The Yellowstone County Sheriffs Office will enforce this resolution and issue
citations to violators where necessary per 7-33-2206, MCA.
THIS RESOLUTION IS EXECUTED this 16 th day of June 2020.
It is effective at 12:6 lam on the 17 th day of June 2020.
(SEAL)
ATTEST:
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Clerk and Recorder
cc: KC Williams, County Fire
All County Fire Chiefs
Sheriff Linder
All County Media,
9-1-1 Center, Billings
9-1-1 Center, Laurel
Derek Yeager, DNRC
Chad Cullum, BLM
Larry Elder, BLM
BOARD OF COUNTY COMMISSIONERS
YELLOWSTONE COUNTY, MONTANA
Denis Pitman, Chairman