The Henry County Board of Supervisors continued its work on several key ordinances at this week’s meeting, advancing the second reading of the Alternative Energy Overlay District and holding a public hearing on updates to the county’s standard penalty ordinance.
Board members began by revisiting the Alternative Energy Overlay District, with Supervisor discussion focused on minor adjustments to the document.
Changes included updated language regarding application procedures, clarification on landfill prohibitions, and adjustments to administrative language. The board noted these were minor verbiage corrections, ensuring accuracy and consistency throughout the ordinance.
Following discussion, the board voted to approve the second reading of the Alternative Energy Overlay District. While the motion passed, one supervisor reiterated concerns about aspects of the ordinance, including provisions related to bonding, escrow requirements, and disaster recovery. “If there’s a natural disaster, this reads that people up to 50 miles away could access funds from Henry County’s escrow — that’s my concern,” the Chairman Lindeen noted before the vote.
The board then opened a public hearing regarding proposed amendments to the county’s standard penalty ordinance. The primary change under consideration was the addition of language to allow recovery of reasonable costs incurred by fire departments and other responding agencies in cases of violations of the county’s open burning ordinance.
Discussion centered on clarifying what “reasonable costs” would entail, with several board members and attendees suggesting that the ordinance should better define or reference standard reimbursement rates, such as those established by FEMA. “This is just putting people on notice that costs could go beyond the standard penalty,” said County Attorney Joe Buffington. He emphasized that any recovery of costs would be determined on a case-by-case basis, often through the courts.
Public comments reflected a mix of concerns about clarity, fairness, and enforcement. Some attendees suggested the language as written might confuse penalties with cost recovery for response services, while others urged the county to focus on education and voluntary compliance rather than punitive measures. There was also discussion about balancing the need for penalties with the realities of rural life and common burn practices.
The board took no formal action during the public hearing, instead collecting input for further consideration. A motion was approved to close the hearing.
The Board of Supervisors plans to revisit both the open burning ordinance and the penalty provisions at a future meeting, incorporating the feedback received.