Farmers will be allowed to burn harvested fields and sloughs even during times of high fire danger under a Fire Emergency Restriction Declaration approved by Ward County commissioners Tuesday.

Information indicating the commission has flexibility in how it applies burn ban regulations led to the change from previous emergency restriction declarations approved by the commission. Open burning now will be allowed when the fire index is in the “high” category, but stipulations would come into play that include notifying emergency officials in advance of a controlled burn, creating a firebreak and attending the fire until out. A violation could result in a $1,500 penalty.

Ward County Emergency Manager Kelly Haugan said fire conditions vary across the county, with the gooseneck area currently in a drought. The daily fire index released by the Forestry Service in conjunction with the National Weather Service has provided a guide for when burning can occur and the types of risk that are acceptable given the conditions.

Bottineau, Mountrail and Burke counties have burn restrictions in place with no open burning when the index is at high or above, Haugan said. McHenry County has burn restrictions that allow open burning at an index of high, he said. Renville County has not yet acted on burn restrictions.

Haugan said fire chiefs in Ward County were contacted and 11 of 12 did not support open burning when the index is at high. He also reported that during the 121 days between Aug. 1 and Nov. 20 last year, there were 71 days in which open burning would be allowed using the index standards.

Commission Chairman John Fjeldahl responded the 71 days allowable for burning may have been unsuitable for burning, such as when rain is occurring.

“It’s hard to get a burn going for agricultural purposes when that’s going on. I’m a farmer and that’s why I kind of decided I wanted to say my two cents on this,” he said. “But that’s exactly the problem we had last fall trying to do controlled burns in some of my fields. When it was allowed to burn, you couldn’t burn it. It wouldn’t burn decently.”

Fjeldahl suggested allowing open burning within parameters so that business people can manage their own businesses.

Ben James, who farms near Kenmare, also spoke to the commission to request open burning be allowed at a step up in risk level.

“We would sure like to have a little bit more opportunity to get our work done,” he said. “My understanding is that anytime an individual lights a fire, it’s their responsibility until that fire is out. So, no matter what the fire danger – or its index – is or wherever you put the level at, if I light that fire, that’s my responsibility until that fire is out.”

Commissioner Jim Rostad agreed the current index standards can be frustrating, but he also noted how easily fires can get out of control.

“I very easily see both sides,” he said.

The commission voted 4-1 to allow open burning in the “high” category, with Rostad casting the only dissenting vote.