Judge: S.D. volunteer fire departments cannot bill for fires

Citing the fire district’s taxing ability, the judge ruled that two fire departments could not bill a homeowner for a shed fire

September 02, 2014 03:55 AM

By Scott Waltman
The American News

ABERDEEN, S.D. — A judge’s ruling that fire departments cannot charge for responding to standard calls shouldn’t hinder responses by local volunteer fire departments, said Brown County’s emergency management director.

Scott Meints works closely with the volunteer departments and, in cases of serious fires, reports to many of the same calls.

While the decision won’t mean departments go to fewer fires, the fact is that many local departments have limited resources, Meints said. So their being allowed to charge for responding would have been a financial benefit.

But that’s not going happen under a ruling by Judge Tony Portra.

In August, Portra dismissed two Brown County lawsuits filed against Dwight Lawson of rural Groton, who was billed roughly $11,500 by the Aberdeen rural and Groton volunteer fire departments for an October 2012 fire that destroyed a shed on his property. Both fire departments responded to the call.

The Groton fire department billed Lawson about $8,800, the Aberdeen rural department roughly $2,700, according to court documents.

Simply put, Portra ruled that state law doesn’t specifically give fire districts authority to charge for their responses.

“There is no reason to imply further powers regarding funding that the Legislature did not specifically provide,” Portra wrote in his decision.

Fire districts, which must be approved by voters within district boundaries, have taxing authority to fund themselves.

So, Meints said, those fire departments have a reliable source of funding. But there are a handful of volunteer departments in Brown County that don’t have districts, and they are really struggling, he said.

Meints said there is a county ordinance that holds landowners liable for damages when fire departments have to respond to controlled burns that get out of control. And, he said, it applies even when the proper precautions and permissions were procured before the controlled burn was started.

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