Pair of bills back up farmers on field burning

BOISE – More field burning would be allowed in Idaho and people who unsuccessfully sue farmers over the nuisance of smoke would get stuck with the farmers’ legal bills if two bills introduced in a House committee Wednesday become law.

The House Agricultural Affairs Committee agreed unanimously to introduce the two measures sponsored by Dar Olberding, of the Idaho Grain Producers. The attorney fee bill was presented by Rep. Ken Andrus, R-Lava Hot Springs.

The first bill allows the burning of land protected by the Conservation Reserve Program to control weeds and other problems.

Federal law doesn’t prohibit the burning of CRP land, but state law does.

Olberding said he’s heard first-hand about the problems that causes for farmers.

“I did talk to a farmer down in eastern Idaho who said that his CRP ground was getting so overrun with foliage that the birds won’t even nest in it anymore,” Olberding said.

Rep. Mack Shirley, R-Rexburg, recalled incidents of farmers burning fields without permission and asked Olberding if that’s been happening with protected land.

Olberding said it is and that enacting a law and creating a process for the burning of protected land will help stop that.

“This will help bring everyone into conformity,” Olberding said.

The attorney fee bill requires people who sue farmers or ranchers under the nuisance law and lose to pay all legal expenses for the defendant.

Andrus said farmers are more likely to face nuisance lawsuits because of development and urbanization.