Commission discusses tweaks to vegetation and nuisance ordinance O-1684; 3-acre exemption draws scrutiny

Eddy County's vegetation and nuisance ordinance O-1684 was discussed at length by the commission after a presentation by Chief Mac.

Chief Mac reviewed key provisions: a 12-inch height rule for nuisance vegetation, definitions covering wind-collected fire hazards and traffic obstructions, and an acreage exemption that limits strict enforcement more than 300 feet from an occupied structure on lots greater than three acres. He described enforcement steps including notice, posting and the county's authority to abate a nuisance and bill the owner; fines of up to $300 were noted and the ordinance explicitly states offenders are not subject to imprisonment for these violations.

Commissioners and staff questioned how the three-acre exemption has been used and whether it allows absentee owners of large holdings to create fire and noxious-weed risks for neighboring farms. Staff recounted a 2021 incident where a property violation and resulting fire damaged three residences, using that example to underline public-safety concerns. The board discussed potential changes including structuring fines to accrue daily and narrowing the acreage exemption; staff said the county must follow the formal ordinance-amendment timeline but could start the process and return to a future meeting with proposed language.

Chief Mac emphasized community care and compliance approaches (posting, outreach, assistance) and described work with judges and community-service programs to aid elderly or physically limited residents who cannot maintain property. Commissioners asked about coordination with non-profits and the county's limited authority to perform work on private property absent a legal abatement process.

Next steps: staff said they will prepare ordinance amendment language following the county's ordinance amendment process and bring options back to the commission for consideration.