Council reviews proposed open burn regulation

BELLA VISTA — The City Council examined a proposed ordinance requiring a permit be issued by the Fire Department open burns for the purpose of clearing land.

That permit, according to the proposal, would require wind does not exceed 10 mph, burn piles not be within 100 feet of a structure or street, material be extinguished completely by nightfall or have a representative of the landowner on-site to watch, fire to be controllable with water or equipment on-site and surrounding properties to be considered.

The proposal, according to a packet prepared for the meeting, was to mitigate nuisance and danger associated with open burning.

Staff attorney Jason Kelley suggested a few modifications and clarifications for the proposal, including striking the requirement that surrounding properties be considered because it isn’t particularly clear.

“If we say surrounding properties must be considered, I don’t really know what that means,” he said.

High population areas and high hazard areas are other concepts considered in the ordinance that lack any definition, he added.

Further, he said, some of the verbiage seems to rely on paper copies of the ordinance and application, which could preclude digitizing the process.

“We are creating potential technical hurdles,” Kelley said.

Council member Doug Fowler said that, while he’s no fan of smoke, this proposal doesn’t feel ready to go yet.

There are too many things that are unclear, he said, and the 100 foot minimum may make burning entirely impossible on several properties in the city.

“Way too complicated, way too cumbersome, too much judgment,” he said.

Council member Steve Bourke said he agreed that the ordinance isn’t quite ready despite two work sessions with extensive discussion of it.

The city already has laws about unattended fires and fires after dark, he said, and he’s more concerned about dealing with repeat offenders and builders creating a nuisance while clearing lots.

“The process doesn’t seem to be tight enough yet,” he said.

Council member Jerry Snow said that he believes the council should prioritize this ordinance because the rainy season is on its way out and Bella Vista could be in for a dry summer, which could amplify the danger posed by irresponsible burns.

“The conditions are going to change where fire danger will probably be more critical than it is now,” he said.

The council also discussed amending the city’s vehicle parking requirements for nonresidential developments, vacating a portion of the Sunset Drive right-of-way, adopting procedures for impact fees, a contract with the Bella Vista Business Association to help promote local businesses, a lease for space for the Bella Vista Farmers Market, expressing appreciation for city and food workers’ labor during the pandemic and initiating legal proceedings against Cooper Communities in order to secure water for fire suppression at a new public safety building.