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Robert Keating, Director of Community Development, recounted that this is a use that wasn't allowed in the county until the County amended the LDRs last September. Before that, we allowed temporary burning of debris from the site -from which it was generated as long as an air -curtain incinerator was used. When the LDRs were amended, there were two major changes. One was the permanent debris burning category we are addressing today and the other was the more lenient, liberal, expansive interpretation of temporary burn facilities. That liberal view indicates that if a land clearer controls the piece of property (not necessarily owns the piece of property), he can bring debris from any other property that he clears to that property without needing to obtain approval from the County. He just needs to get a burn permit from the State Forestry Division and the County's Emergency Services Department. Back then, both Planning staff and the SWDD staff agreed that it would be best if SWDD preempted burning altogether; however, because SWDD didn't specifically address the issues back then, the use was established and it was put in the LDRs. When it was put in, Planning staff looked at the land use primarily from a land use perspective, i.e. separation distances, buffering, incidence of truck traffic, etc. Director Keating recalled that back in September we received complaints from residents on a couple of land clearers who were burning just as temporary facilities, which is one of the reasons why this was all brought to a head. Planning staff has determined that this request meets all LDR criteria, and while it may seem that the Planning and SWDD staffs are going in different directions, both staffs agree that it would be best if SWDD preempted burning altogether. Commissioner Macht questioned why permanent land clearing debris burning facilities were made a special exception use in the LDRs considering the covenants we have in our bonding at the Landfill against competition from private facilities. County Attorney Charles Vitunac advised that Commissioner Macht's predecessor on the Board of County Commissioners was in favor of competition and had told staff to lay off acid let private industry come in and compete. Competition is one of the things that will be addressed today by the Board of Commissioners of the Solid Waste Disposal District. Director Keating and Planning Director Stan Boling presented staff's recommendation for conceptual approval of special exception use with conditions, one of which is to obtain a SWDD permit. SWDD's decision today could make or break the decision on this. Commissioner Adams understood this is much like the Macho situation in that there is considerable concern about how tightly 32 BOOK 89 Fdvt 573