Agenda

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Public Hearing 3. B.

Regular BOS Meeting

Meeting Date:	08/17/2020
Submitted For:	Jacque Sanders
Submitted By:	Jacque Sanders, Deputy County Manager/Librarian
Department:	Deputy County Mgr/Library District

Information

Request/Subject

Adoption of Ordinance No. 2020-02-Open Outdoor Fire which supersedes Ordinance No. 11-02-Open Outdoor Fire

Background Information

Gila County has had an Open Outdoor Fire Ordinance since 1998. It was updated in 2001, and again in 2011. Ordinance No. 11-02 states that any time the United States Forest Service (USFS) issues an order placing restrictions on fires within the Tonto National Forest, Gila County follows suit on private property within the unincorporated areas of the County.

Since 2011, the USFS Tonto National Forest has implemented stages of restrictions. Ordinance No. 11-02 more closely matches the Stage II (Elevated) restrictions, but currently goes into effect with the Stage I restrictions. This has the unintended consequence of the County being more restrictive on private property than the Tonto National Forest is on forest lands, for at least part of each year. In addition, the USFS Tonto National Forest has occasionally implemented restrictions by local Ranger District; however, the County Ordinance does not have that flexibility. The Tonto National Forest utilizes the Southwest Interagency Fire Restrictions and Closure Operating Plan, 2019 for defining and determining definitions and processes for implementing fire restrictions.

The Gila County Board of Supervisors discussed updating Ordinance No. 11-02 as a Work Session item on April 28, 2020, and gave direction to County Management to proceed.

Since the responsibility for enforcement resides with the Gila County Sheriff's Office, they were consulted and they have confirmed that they would be able to enforce by Ranger District should that be needed. Since the responsibility for interpretation often resides with the local fire districts, County staff participated in a County-wide Fire Chief meeting and had a number of follow-up conversations. Generally, they understand the County's perspective of matching the Tonto National Forest restrictions.

Evaluation

Gila County Ordinance No. 2020-02 applies fire restrictions that are compatible with USFS Tonto National Forest Stage II (Elevated) restrictions and allows for flexibility in applying those restrictions by Ranger District. Ordinance No. 2020-02 specifies that any time the USFS Tonto National Forest implements Stage II or greater restrictions on fires, either by designated Ranger District or the Tonto National Forest as a whole, it shall be unlawful for any person to build, maintain, attend, ignite or use an open outdoor fire, bonfire, campfire or fireworks in the same geographical locations within all unincorporated areas of Gila County. Definitions have been clarified to more closely match the definitions used by the Tonto National Forest to prevent conflicts or misunderstandings. Ordinance No. 2020-02 includes the emergency provision, since we are currently in a conflict between the USFS Tonto National Forest Stage I restrictions, while Ordinance No. 11-02 applies greater restrictions on private property within the unincorporated areas of Gila County.

Conclusion

Proposed Gila County Ordinance No. 2020-02-Open Outdoor Fire provides for clarity and compatibility with USFS Tonto National Forest Stage II (Elevated) restrictions and flexibility for complying with restrictions by Ranger District, if necessary.

Recommendation

Staff recommends adopting Gila County Ordinance No. 2020-02-Open Outdoor Fire.

Suggested Motion

Information/Discussion/Action to adopt Gila County Ordinance No. 2020-02-Open Outdoor Fire which supercedes Ordinance No. 11-02-Open Outdoor Fire. (Jacque Sanders)

Attachments
Ordinance No. 2020-02-Open Outdoor Fire-Final
Proposed Ordinance No. 2020-02 changes in red
Tonto Forest Ranger District Map
Ordinance No. 11-02
SWA Fire Restriction Plan
Public Hearing Notice for 8/17