Texas side to consider changes to outdoor burning policy

Texarkana, Texas, City Hall, 220 Texas Blvd., is shown in December 2015.
Texarkana, Texas, City Hall, 220 Texas Blvd., is shown in December 2015.

The Texarkana, Texas, City Council could vote to change outdoor burning rules at its next meeting.

On Monday, the council heard a first briefing on amendments to the ordinance governing outdoor burn permits.

Proposed changes include substituting "land clearing operation" for "land development." What constitutes a land clearing operation would be defined. Also, the city manager's office, not the council, would rule on any appeal if the Texarkana, Texas, Fire Department declined to issue an outdoor burn permit.

The proposal is a result of one man being denied a permit because, by the current language, his plans for his property did not count as land development.

Greg Latham filed an appeal in February after TTFD refused to issue him a permit to clear trees and brush from his land by burning. Latham plans to use the 38 acres at Buchanan Road and Jarvis Parkway to produce hay.

The relevant city ordinance states, "Outdoor burning shall only be permitted for the purpose of land development."

TTFD's working definition of land development has been construction of a commercial building or housing subdivision, so Latham's plans did not qualify.

Ward 5 Council Member Christy Paddock questioned TTFD's interpretation of what land development means and suggested developing a broader definition that allows more discretion. Fire Chief Eric Schlotter responded with the revised ordinance now under consideration.

It defines "land clearing operation," in part, as "the clearing of vegetation to enhance property values, access or production," so issuing Latham an outdoor burn permit would be allowed.

A public hearing on the measure is scheduled for the council's next meeting on May 8. Normally, a second briefing and a vote follow at subsequent meetings, but the council may agree to suspend the rules and vote at any point in the process. The council rarely "fast tracks" a vote before it conducts a public hearing.

If and when the council approves the new ordinance, City Manager John Whitson will rule on Latham's appeal and inform him whether a permit will be issued, Schlotter said Monday.

On Twitter: @RealKarlRichter

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