[HISTORY: Adopted by the Board of County Commissioners of
Otero County 8-8-2013 by Ord. No. 13-04. Amendments noted where
applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 190.
STATE LAW REFERENCES
County ordinances — See NMSA 1978, § 4-37-1
et seq.
Penalties for violations of air quality control — See
NMSA 1978, § 74-2-14.
Hazardous Waste Act — See NMSA 1978, Ch. 74,
Art. 4.
Open burning — See NMAC 20.2.60.
A.
This chapter shall be known as the "Otero County Open Burning Ordinance."
B.
Authority. This chapter is executed pursuant to the authority granted
to counties to provide for the safety and preserve the health of County
residents as set forth in § 4-37-1 et seq., NMSA 1978. It
incorporates the applicable provisions of the New Mexico Environment
Department regulations, 20.2.60 NMAC.
C.
Interpretation. The provisions herein are held to include the minimum
standards necessary to carry out the purposes of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Shall be described for the purposes of this chapter as mountains
and basin. These areas are further determined by the National Weather
Service as Fire Weather Zone 113, which covers the Sacramento Mountains
5,500 feet or above in elevation, and Fire Weather Zone 112, which
covers the basin area below 5,500 feet in elevation.
Any burning of agricultural products, by-products or agricultural
refuse (and is included within the definition of "vegetative materials")
by a farmer engaged in the commercial production of agricultural products
or by a facility which processes agricultural products.
A single pile of vegetation, maximum size 20 feet in diameter
and 15 feet high, encircled by a noncombustible ring, used by an established
organization for ceremonial purposes.
A single pile of vegetation less than 1,000 cubic feet in
pile volume, maximum height 10 feet.
Greater than 10 acres cumulative of unstacked vegetation.
A single pile of vegetation less than five feet in diameter
and three feet high, encircled by a noncombustible ring, intended
for warming or noncommercial cooking of food for human consumption.
One acre up to 10 acres cumulative size of unstacked vegetation.
The gross volume of a pile, including the air space between
solid constituents, as calculated from the overall dimensions and
shape of the pile.
Any garbage, rejected or waste food, swill, carrion, ashes,
dirt, slop, waste paper, trash, rubbish, waste or unwholesome material
of any kind.
Less than one acre cumulative size of unstacked vegetation.
A single pile of vegetation less than three feet in diameter
and two feet high, encircled by a noncombustible ring, intended for
warming or noncommercial cooking of food for human consumption.
Plant material, including:
Weeds, grass, grass clippings, leaves, conifer needles, bushes,
shrubs, trees, and clippings from bushes, shrubs and trees; and
Wood waste, clean lumber, wood and wood products, including
tree stumps (whole or chipped), trees, tree limbs (whole or chipped),
bark, sawdust, chips, scraps, slabs, millings, and shavings, which
have not been painted, pigment-stained, or treated with compounds
containing chromium, copper, arsenic, pentachlorophenol, or creosote.
A.
New Mexico Air Quality Regulation 20.2.60 NMAC (Open Burning), promulgated
pursuant to the New Mexico Air Quality Control Act, and all open burning
regulations promulgated and published pursuant to the New Mexico Solid
Waste Act by the New Mexico Environmental Improvement Board (or any
successor board, agency, department or division), along with any subsequent
revisions or amendments to such regulations, are hereby adopted and
incorporated herein by this reference and made a part of this chapter;
provided, however, that the penalty provisions provided herein shall
apply to violations prosecuted under this chapter.
B.
Where this chapter is more restrictive than New Mexico State Air
Quality Regulation 20.2.60 NMAC, this chapter shall apply.
A.
This chapter does not apply to:
(1)
Vegetation burning in a stove, furnace, fireplace or other heating
device within a building used for human or animal habitation;
(2)
Detonation of explosives, including fireworks;
(3)
Vegetation burning within noncombustible containers for purposes
of warming by small wood fires at construction sites;
(4)
Burning of propane, acetylene, natural gas, gasoline, white gas,
or kerosene in a device intended for heating, cooking, construction
or maintenance;
(5)
Open burning of natural gas at gasoline plant and compressor stations
and when used or produced in drilling completion or work-over operations
on oil and gas wells, when necessary to avoid serious hazards to safety;
(6)
Burning in wood/charcoal-fired appliances or devices;
(7)
Burning of structures, buildings, facilities or materials for purposes
of instruction and training of bona fide firefighting and fire-rescue
personnel is allowed, provided that:
(a)
All regulated asbestos-containing material is removed and the
New Mexico Environment Department is notified prior to burning, in
accordance with federal and state regulations (20.2.60 NMAC, Open
Burning).
(b)
Burning of structures for bona fide firefighter training is
on private land and is approved by the Otero County Office of Emergency
Services.
B.
This chapter does not affect federal and tribal land that is under
federal fire management control.
C.
Only vegetative materials are approved for burning in accordance
with this regulation as outlined below.
D.
In lieu of containerized water listed below, a garden hose with an
equivalent amount of water capacity available and a minimum flow rate
of five gallons per minute is acceptable.
Burning of the following materials is prohibited unless in a
licensed facility designed for the destruction and incineration of
these materials:
A.
Refuse, other than vegetative material and clean wood;
B.
Paper, including newspaper, corrugated cardboard, container board,
and office paper;
C.
Asbestos or asbestos-containing materials;
D.
Any plastic material, including but not limited to nylon, polyvinyl chloride (PVC), acrylonitrile butadiene styrene (ABS), polystyrene, polyurethane, synthetic fabrics, plastic containers, and plastic sheeting, films and bags, except as provided in § 111-4;
E.
Waste oil or other oily wastes;
F.
Asphalt and products containing asphalt;
G.
Treated or painted wood, including but not limited to railroad ties,
plywood, chipboard, composite wood products or other wood products
that are painted, varnished, or treated with preservatives;
H.
Rubber, including tires and synthetic rubber-like products;
I.
Insulated wire or cable;
J.
Batteries;
K.
Motor vehicle bodies or interiors;
L.
Pathogenic wastes;
M.
Animal carcasses.
A.
Burning shall not commence until one hour after sunrise, and fires
shall be extinguished by sunset, unless stipulated differently in
another section of this chapter.
B.
Prior to burning, the outdoor burn checklist provided by Otero County
shall be reviewed and completed by the landowner. Copies of the checklist
will be distributed throughout the County and will be available at
the County Administration Office or online at co.otero.nm.us.
(1)
Brush pile burning of vegetation is permitted, unless otherwise prohibited as outlined in § 111-7, under the following conditions:
(a)
In accordance twith the time of day listed above.
(b)
With approval of the landowner.
(c)
Continuously attended.
(d)
Monitored by an adult.
(e)
If within 300 feet of a structure, at least 50 gallons of water
must be available and the pile being burned cannot exceed 125 cubic
feet.
(f)
Notify the Otero County Sheriff's office at 437-2210 or
1-800-874-3743 prior to ignition and when completed.
(g)
Ensure the fire is monitored for 1/2 hour after extinguishment.
(2)
Small agricultural vegetation burning is permitted, unless otherwise banned as outlined in § 111-7, under the following conditions:
(a)
In accordance with the time of day listed above.
(b)
With approval of the landowner.
(c)
Continuously attended.
(d)
Monitored by an adult.
(e)
If within 300 feet of a structure, at least 50 gallons of water
must be available.
(f)
Notify the Otero County Sheriff's office at 437-2210 or
1-800-874-3743 prior to ignition and when completed.
(g)
Ensure the fire is monitored for 1/2 hour after extinguishment.
(h)
Notify adjacent landowners.
(3)
Moderate agricultural vegetation burning is permitted, unless otherwise banned as outlined § 111-7, under the following conditions:
(a)
Ignition can only take place between the hours of 8:00 a.m.
and 12:00 noon.
(b)
With approval of the landowner.
(c)
Continuously attended and monitored by an adult.
(d)
If within 300 feet of a structure, at least 50 gallons of water
must be available.
(e)
Notify the Otero County Sheriff's office at 437-2210 or
1-800-874-3743 prior to ignition and when completed.
(f)
Ensure the fire is monitored continuously and until one hour
after declared out.
(g)
Notify adjacent landowners.
(h)
A fire break of noncombustible material equal to 1.5 times the
height of the fuel must be provided to areas extending beyond 10 acres
and property adjacent to the area to be burned unless relieved by
other permit restrictions.
(i)
With a review by the Local Fire Chief and, if deemed necessary,
a permit as outlined below.
(j)
In accordance with the New Mexico Smoke Management Program:
Contact the Air Quality Bureau at 1-800-224-7009.
(4)
Large agricultural vegetation burning is permitted, unless otherwise banned as outlined in § 111-7, under the following conditions:
(a)
A fire break of noncombustible material equal to 1.5 times the
height of the fuel must be provided around the burn area unless relieved
by other permit restrictions.
(b)
Notify the Otero County Sheriff's office at 437-2210 or
1-800-874-3743 prior to ignition and when completed.
(c)
In accordance with the New Mexico Smoke Management Program:
Contact the Air Quality Bureau at 1-800-224-7009.
(5)
Small campfires are permitted regardless of the time of day listed above when continuously attended, with a minimum of five gallons of water and a shovel/stir on hand, except when banned as outlined in § 111-7.
(6)
Large campfires are permitted regardless of the time of day listed above when continuously attended, with a minimum of five gallons of water and a shovel/stir on hand, except when banned as outlined in § 111-7, with the following conditions:
All outdoor vegetative burning, including campfires, is prohibited
under any one or more of the following conditions:
A.
Within 12 hours of the issuance by the National Weather Service of
a red flag warning for any affected areas within Otero County.
B.
On days when the National Weather Services has issued a high-wind
advisory for any affected part of Otero County.
C.
The Otero County Office of Emergency Services may issue a burn ban
for all or part of the County at any time based on weather, fuel load,
or fuel moisture if, in the belief of the County, a catastrophic fire
could occur due to a burn getting out of control or from flying embers.
These bans must be provided in writing to the County Administration
and the Sheriff's office and cannot extend beyond 21 days without
approval by the County Commission.
D.
If prohibited by a burn ban resolution issued by the County Commission.
A.
Any person who commits any of the above prohibited acts shall be
subject to the following penalties:
(1)
In accordance with § 4-37-3 NMSA 1978, a fine of up to
$300, imprisonment of up to 90 days, or both.
(2)
No more than $1,000 for discarding or disposing of refuse, litter
or garbage on public or private property in any manner other than
by disposing of it in an authorized landfill.
(3)
No more than $5,000 for the improper or illegal disposal of hazardous
materials or waste in any manner other than as provided for in the
Hazardous Waste Act (Chapter 74, Article 4, NMSA 1978).
B.
Under state law (§ 74-2-14 NMSA), violation of the open
burning regulation is a petty misdemeanor punishable by a fine of
up to $500.
C.
Citations for violations may be issued by the County Code Enforcement
Officer, Sheriff or any Deputy Sheriff.
