CITY OF SOUTH FULTON, Ga. — A South Fulton property owner says he’s facing multiple burn-related citations — and was even placed in handcuffs — despite obtaining burn permits from the state for work on his agricultural property.
See more on what happened and what happens next on WSB Tonight at 11 p.m.
The dispute centers on whether the burns qualified for an agricultural exemption during Georgia’s annual summer burn ban, a conflict the property owner says highlights a lack of agricultural expertise within the City of South Fulton.
Brannu Fulton owns 28 acres off Butner Road, where he says he’s working to build a ranch that will eventually serve as a community destination.
“What I’m trying to create here is totally community,” Fulton said.
He described the vision for the property as “a Western experience.”
But Fulton said repeated encounters with city officials have slowed those plans.
“It’s constant harassment,” he said.
Fulton showed Channel 2’s Eryn Rogers burn permits issued by the Georgia Environmental Protection Division. The City of South Fulton’s website directs residents seeking burn permits to apply through the state because most Georgia counties are subject to the annual summer burn ban.
Fulton said his project qualifies for an agricultural exemption because he is clearing land to create pastures for horses.
“Yes, it is a summer burn ban, but for agriculture, there are exceptions,” he said.
According to Fulton, he burned brush on the day he received the permit, May 7, but was not actively burning when city officials came to his property on May 13.
“On the day I got the permit, I burned. The day they came here, May 13th, I wasn’t burning,” Fulton said.
He also had another permit for burning on May 15.
Video from the property showed piles of wood continuing to smolder after the flames had subsided because of hot, dry conditions. Fulton said the South Fulton Fire Department responded after someone reported the fire.
“They never entered the property to assess the fire,” he said.
Fulton sent Rogers a video showing a South Fulton police officer placing Fulton in handcuffs during the encounter.
Fulton submitted a complaint. The City of South Fulton conducted an internal investigation after the incident and provided Channel 2 Action News with the following statement:
The City of South Fulton takes resident complaints seriously, and this matter was reviewed through the South Fulton Police Department’s Internal Affairs process in coordination with South Fulton Fire Rescue.
The review found that our public safety officers acted appropriately and within their lawful authority, that unlawful burning activity was occurring during an active statewide burn ban, and that the enforcement action was justified based on the facts at the scene.
No violations of South Fulton Police Department policy were found, and the administrative review is now closed.
— The City of South Fulton
Rogers also spoke with investigative consultant and law enforcement officer Alicia Burgess, who reviewed the situation.
“It seems like a little more de-escalation should have taken place and a little more explanation,” Burgess said.
Fulton believes the conflict reflects a broader issue in a city with rural properties.
“They don’t know how to govern an agriculture person,” he said. “There’s nobody that’s dealing with agriculture that’s part of the city council or part of the government for the City of South Fulton.”
Despite the citations and legal battle, Fulton said he remains committed to completing his vision for the property.
“The tactic is to aggravate me, make me break my spirit, but I’m unbreakable,” he said. “I really know what this land can do.”
Fulton said he is scheduled to appear in court Wednesday on one citation and again in July on another burn-related ticket that he says was issued despite his having state-issued burn permits.
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