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CFE 031102
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CFE 031102
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Last modified
1/7/2019 2:53:05 PM
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1/7/2019 2:43:34 PM
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BOCC
Meeting Type
Regular Meeting
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Agenda
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5 � 4 <br /> performing on- site IZ mdang of materials <br /> What is the estimated amount of land clemd on an snanal basis for agriculture activities ? <br /> According to the Cooperative E?ttonsion offico, the best available estimates indicate $gout 75 <br /> acres; }rear are cleared ibr a ' culture related uses. It is believed that lancicicaring activitiesVOWd <br /> occur in the tuip -of 3 -5 acres per clearing event <br /> IIow could the ordinance be Modified to make specific accommodation to the agrieuLtuire <br /> cammunit `` <br /> According, to the County Attorney , any prohibition of burning of latidolesring debris utilizing this <br /> ordinance must oxaply ' cq ctally to the agriculture cornmum ty and those other sectors , primarily the <br /> development community. The County Attorney ' s opinion is that the ordinance could not be <br /> rn �lificd as to provide preferential treatment to a specific sector of the oommunity . Therefore , the <br /> board could praccod to Prohibit gill burning of landclowiiS dchrris, regardless of its origin . <br /> Altemativcly, the Board could proceed with an ordimmce that does grant praferendal trea=mt to <br /> the agriculture communty, un (11 such a time as the ordinance is successfully ohaltcnged through <br /> lit� atiom , <br /> �Fe undersMid that it would be possiblo to approach the issue of prohibiting humiaig from another <br /> perspective. The agriculture community could possiblyanhieve their goal of avoiding the <br /> prohibition of a MCLJture related burning by lobbying the legislature flop the elinamdon Of the <br /> division to Orange Cou.rrty relating to the split legislative precinctg, which if sucocssfu [, would <br /> allow Orange County to advance its interest ' contioiling open burro through Utilization of the <br /> Development Ordinance , This would achieve the BOCC 's goal of prohibiting development related <br /> burning , while at the satuc time not reguhA* legilltriaTc agriculture landclearing activitkos . �1V11i1e <br /> state law would allow such a de'vol opment ordinance related rftethod of rrgul;u ag open burning , tJl e <br /> split precincts provide a legal impediment to the County proceeding in th is Manners <br /> The ordinance could also he comtructcd av as to define the prohibition of open b urniin g so as not to <br /> include air curtain burning , Sped is conditions could be included is the ordinance for this t)rpc Of <br /> binning to restrict its use, including a reguirem+ent of air curtain burning pe aiits . Howcv r , <br /> consistent with tfthc attorney ' s pre�dom opinion, the air curtain bunting option would therm likely be <br /> available to both the agriculture anal non - agnoulriurc community equall % . Farther reTv2nv by the <br /> Attorney is nacesury to detcTmine whether `pair curtain " burning mould somebow be available <br /> exclusively to the agriculture CaTlnmuniLy. A more thorough discussion of tir curtain burning, <br /> including a detailed description of this inning methodology, an evaluation of the process and <br /> volume tcducti on cap abilities, and a brief discussion of rcl &tcd pub lic health and fue safety 18S311122, <br /> i-g included in n 5 of the Next section. <br /> What alternatives to open burning wald be made available to the agneulture Cowin unity <br /> should the BOCC proceed to 'Frubilyit open burning of all landclearing dehris ? <br /> 1 . Pash the -cleared inaf Ws Into a pile pr wMAvw v1sewhere on the property and kt M6 <br /> material decoMpose. <br /> 2 <br />
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