Henry County Supervisors advance alternative energy ordinance

MT. PLEASANT — The Henry County Board of Supervisors passed the second reading of the proposed Alternative Energy Overlay District ordinance and discussed two measures tied to fire safety: a public hearing on changes to the Standard Penalties ordinance and the first reading of a proposed open burning ordinance.

Supervisors approved the second reading of the revised Alternative Energy Ordinance following a review of minor corrections. Most were small language changes, which Supervisor Steve Detrick referred to as “scrivener errors.”

Supervisor Marc Lindeen raised concerns about escrow provisions for decommissioning wind and solar facilities and whether outside interests could access county-controlled funds.

“If there’s a natural disaster and [equipment] ends up 50 miles away, we could be looking at people from other states getting money from Henry County’s escrow,” Lindeen said.

The board passed the reading 2-1, with Lindeen opposed. A third and final reading is required before the ordinance takes effect.

Later in the June 19 meeting, supervisors held a public hearing on a proposed amendment to the county’s Standard Penalties ordinance. The amendment would allow the county to pursue reimbursement for emergency response costs — including equipment and personnel — when violations of the open burning ordinance occur. Assistant County Attorney Steve Giebelhausen said the change doesn’t impose automatic penalties but gives the county the ability to seek restitution through the court system. The proposed language ties those costs to standardized FEMA reimbursement rates.

Emergency Management Director Walt Jackson explained that FEMA provides indexed reimbursement rates for time and equipment use. Several residents questioned how clearly those rates were defined in the ordinance and whether additional explanation or references should be included.

Although the hearing was formally for the penalties ordinance, members of the public repeatedly brought up the proposed open burning ordinance, which received its first reading later in the meeting.

Jackson emphasized that the ordinance is meant to reduce unnecessary fire calls — particularly during red flag warnings and burn bans — and to support volunteer departments.

“If we don’t put some penalty to it, we’re just spinning our wheels,” Jackson said. “We might as well take this and throw it away.”

Jackson said the measure stems from years of requests to have residents notify the county before burning, with little voluntary compliance.

“For 15 years, we’ve asked people to call in,” Jackson said. “I can count on one hand how many people actually do.”

The board debated language around what constitutes a fire requiring notification. Detrick and White supported clarifying definitions and thresholds.

“Yes, we’re trying to regulate common sense — and we can’t,” Supervisor Marc Lindeen said. “But we still have to have something for when people aren’t using it.”

Supervisors voted to postpone the first reading of the open burning ordinance to allow time for revisions. The supervisors scheduled a work session for Monday, June 23 to further discuss the ordinance before proceeding with the first reading.

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