County faces a burning question
By RICK LEVIN
Staff reporter
Burn a pile of leaves or other yard waste without a permit and it could cost you either $25 or $125 from now on.
An amendment proposed this week to Island County’s outdoor burning ordinance removes any ambiguity about how big the fine will be for anyone caught torching yard waste without a permit. Anyone planning to burn a pile of debris 10 feet in diameter or larger is required to obtain a permit from the county.
The current ordinance puts that decision in the hands of the fire marshal, allowing him to fine people up to $250 for the infraction.
The words “up to,” however, proved problematic for the Island County Board of Commissioners when it came to approving the change. Allowing the fire marshal to use his discretion in choosing a penalty between $1 and $250 was found to be inconsistent with existing state law.
The amended ordinance, reviewed at Monday’s regular board meeting, resets the maximum amount of fines while also removing any question about the inconsistency of their application.
Rather than having one across-the-board violation on the books, there are now two types of outdoor burning infractions in the proposed amendment.
If the new ordinance is adopted at the board’s Dec. 17 meeting, a Class 2 civil infraction — which applies to land-clearing burns — will carry an maximum fine of $125. That is exactly half the previous maximum fine for all burn violations.
The second level of fining comes under a Class 4 civil infraction, which covers residential, recreation and storm and flood-related debris disposal fires. Fines at this level would cost $25.
In an interview this week, Island County Commissioner Mike Shelton said the commissioners wanted fines to fit the crimes.
“We’re trying to put the fines commensurate to the size of the burns,”
Failure to obtain a written burning permit, or failure to comply with any condition of an issued permit, is considered a civil infraction.
The board of commissioners has set a public hearing regarding this amendment to the burning ordinance for Monday, Dec. 17, at 11am at the Island County Annex in Coupeville.
