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Supervisors pass ordinance regulating open burning

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By Renée Brich, Managing Editor


SHELBY COUNTY — Following a public hearing in which no written or verbal comments were submitted, the Shelby County Board of Supervisors passed an ordinance regulating open burning during its Tuesday, Feb. 3 meeting.
Shelby County Emergency Management Coordinator Alex Londo had previously requested adoption of the ordinance. Supervisor Bryce Schaben said several fire departments had reached out in support. Londo read Ordinance 2026-01, which states the county finds unattended open burning poses a significant risk of fire spread, public nuisance, and air quality degradation. The ordinance is similar to open burning regulations adopted in the Iowa Administrative Code by the Iowa Department of Natural Resources.
The ordinance defines open burning as any burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack. It requires a competent person 18 years or older to actively monitor the fire and have immediate access to extinguishing equipment, including a water hose, fire extinguisher, or shovel. The ordinance does not apply to fully enclosed fires, including permanently installed outdoor fireplaces or grills, commercial incinerators operating under a valid DNR permit, or fires pre-approved by a local fire chief.
Anyone whose open burn violates the ordinance and requires a response from a fire department serving Shelby County will be billed for response costs and face civil penalties ranging from $250 for a first offense to $750 for three or more offenses within 12 months.
Steve Kenkel, pipeline liaison, reported that HF 2104 passed to the Senate last week, where the eminent domain portion was amended. “It’s the same game we have seen in the last four years. It’s very disappointing. Our senator, Jason Schultz has told the landowners here he supports protecting property rights, but he was one of the guys on the committee that voted to change. So take that for what it’s worth,” Kenkel said. He also commended Rep. Steve Holt for his role in passing the bill in the House.
Kile Magner, CEO of Myrtue Medical Center, introduced himself to the board and said he looks forward to getting to know the community. Chris Fredericksen provided a Secondary Roads report, which included approval of several right-of-way permits for projects for Nishna Valley REC and FMCTC.
Brent Scheve, of The Agency Insurance, presented options for cybersecurity renewal, including staying at $250,000 or increasing coverage to $1 million. ICAP did not offer a $500,000 option, which had been approved at a previous meeting. The board voted to increase cybersecurity coverage to $1 million and approved signing the renewal policy.
Shelby County Fair Board President Darren Goshorn asked supervisors to consider increasing funding for the Shelby County Fair Board for FY27 and provided an update on events and attendance at the fairgrounds. Goshorn submitted information showing 2025 support of $19,300 by the Shelby County, with an estimated attendance of 10,000 during the county fair. The Supervisors recently approved $10,000 for the Fair Board to be used for additional campsite development on the grounds. After discussion, the decision to was tabled for a later date.
The board approved publication of Shelby County employee wages, approved Melissa Arkfeld as wellness coordinator, and approved an application for a car show to be held around the square July 18.
Auditor Taryn Knapp asked supervisors to consider increasing the starting wage for the open payroll/benefits position from $16.95 to $18. After discussion, the board tabled the item until the next meeting.
The board entered closed session to discuss strategy with Tim Whipple of Ahlers and Cooney regarding pending litigation. No action was taken.