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Show Agricultural burning okay without permjt Counties; cities and boards of health" which have adopted ordinances or regulations denying farmers and ranchers the right to do agricultural burning without a permit are out of step with the law, according to a legal opinion from an assistant state at- ' torney general. No such ordinances or regulations "may be legally binding and enforced," the opinion states. The Utah Farm Bureau Federation " submitted a request for an attorney general's opinion on the matter through the state department of agriculture. The answer came in a letter from Mark A. Madsen, assistant attorney general, to Kenneth Creer, state commissioner of agriculture. "There is overwhelming authority to the effect that neither counties', local boards (of health), nor cities may enact ordinances or regulations which presume to prohibit agricultural burning where state law would allow it," Madsen stated in the conclusion section of his letter to Creer. Madsen explored legal precedence in . each of three areas, counties, local boards of health, and cities. Previous cases have established that any action by those groups must be consistent with , state law and that .such groups have neither implied nor express powers to overturn such exemptions granted by state law, he said. State Farm Bureau leaders have pointed out that even though a burning permit, is not required of farmers or ranchers for agricultural burning, the producer is liable for any damages caused by such a fire getting out of control, including the cost of extinguishing ex-tinguishing an out-of -control blaze. The farmer also has a moral obligation to notify his local fire department, at least by telephone, when he is going to do agricultural burning, they said. This will prevent a needless run by a fire truck to such a blaze, which may be reported by a neighbor who sees the smoke of flames. |