County researching possible hazardous tree rules

The majority of fires in New Mexico last year were sparked by contact with power lines, Lincoln County's emergency services coordinator said. But Spencer Baldwin cautioned county commissioners against jumping into a hazardous tree ordinance that raises complicated jurisdictional questions until staff has a chance to research existing ordinances and how some of those issues were tackled.

"This has been going on a long time," he said during the commission's late April meeting, "The power companies know it's an issue and are trying to resolve it. I suggest we not reinvent the wheel. Personally, I would like to be involved in it, see the options out there and what best suits us."

One of his concerns is landowners along New Mexico 37, whose property was scorched during the Little Bear Fire in 2012. Burned trees now line the highway, but should an owner be required to remove them when the fire and the resulting hazardous trees were not his fault, he asked.

"They are hazardous because of the fire," he said. "He didn't kill them. They weren't dead when he bought the land. It just happened. We're getting into tricky areas here."

The majority of commissioners appeared to agree with Baldwin.

Commissioner Mark Doth, who introduced the subject of a county hazardous tree ordinance, said at least other ordinances should be researched and some possible avenues of funding should be pint pointed.

"If the land was state, county or private, at least by identifying sources of money, we have a solution to help the problem," Doth said. "The whole idea behind thinning trees is to reduce the danger of wildfire and I would put a high priority on trees along power lines. I still ask we enter into discovery of what is out there, instead of just saying no we shouldn't go there. We owe it to ourselves to raise the issue and decide where we could help."

Commission Chairman Jackie Powell, who stressed the need for individual responsibility in removing hazard trees, said she was amenable to checking out other ordinances before scheduling any public hearings. She asked Baldwin to contact the power companies.

County Attorney Alan Morel said, "I think when we analyze this thing, it won't be a utility issue. They only have a 20-foot right of way and they would have to get permission to go onto private land. If we drafted an ordinance, we would have to decide if trespass was allowed, if a landowner was not interested in removal. This type of ordinance could snowball. I would be happy to work with Spencer to see what we could come up with."

Doth cited five separate incidents involving power lines, four that resulted in fire starts. "These incidents point out in my mind a glaring situation largely preventable," he said, "For that reason, I'm proposing a hazardous tree ordinance. We have to define hazardous tree and under whose jurisdiction removal falls. One of things the county manager and I found is that the issue still is being discussed by the (New Mexico Public Regulatory Commission) at what level they can enforce utilities lines."

More:
County researching possible hazardous tree rules