HF 901

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing for
electronic issuance of burning permits; providing for
electronic burning permit fees; creating an account;
appropriating money; amending Minnesota Statutes 2004,
section 88.17, subdivision 1, by adding subdivisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 88.17,
subdivision 1, is amended to read:

Subdivision 1.

Permit required.

new text begin (a) new text end A permit to start a
fire to burn vegetative materials and other materials allowed by
Minnesota Statutes or official state rules and regulations may
be given by the commissioner or the commissioner's agent. This
permission shall be in the form of new text begin :
new text end

new text begin (1) new text end a written permit deleted text begin signed deleted text end new text begin issued new text end by a forest officer,
fire warden, deleted text begin authorized Minnesota pollution control agent, deleted text end or
other person authorized by the deleted text begin forest officer, or town fire
warden, and deleted text end new text begin commissioner; or
new text end

new text begin (2) an electronic permit issued by the commissioner, an
agent authorized by the commissioner, or an Internet site
authorized by the commissioner.
new text end

new text begin (b) Burning permits new text end shall set the time and conditions by
which the fire may be started and burned. The permit shall also
specifically list the materials that may be burned. The
permittee must have the permit on their person and shall produce
the permit for inspection when requested to do so by a forest
officer, deleted text begin town fire warden, deleted text end conservation officer, or other peace
officer. The permittee shall remain with the fire at all times
and before leaving the site shall completely extinguish the
fire. A person shall not start or cause a fire to be started on
any land that is not owned or under their legal control without
the written permission of the owner, lessee, or an agent of the
owner or lessee of the land. Violating or exceeding the permit
conditions shall constitute a misdemeanor and shall be cause for
the permit to be revoked.

Sec. 2.

Minnesota Statutes 2004, section 88.17, is amended
by adding a subdivision to read::

new text begin Subd. 4. new text end

new text begin Account created. new text end

new text begin There is created in the state
treasury a burning permit account within the natural resources
fund where all fees collected under this section shall be
deposited.
new text end

Sec. 3.

Minnesota Statutes 2004, section 88.17, is amended
by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Permit fees. new text end

new text begin (a) The annual fees for an
electronic burning permit are:
new text end

new text begin (1) $5 for a noncommercial burning permit; and
new text end

new text begin (2) for commercial enterprises that obtain multiple
permits, $5 per permit for each burning site, up to a maximum of
$50 per individual business enterprise per year.
new text end

new text begin (b) Except for the issuing fee under paragraph (c), money
received from permits issued under this section shall be
deposited in the state treasury and credited to the burning
permit account and is annually appropriated to the commissioner
of natural resources for the costs of operating the burning
permit system.
new text end

new text begin (c) Of the fee amount collected under paragraph (a), $1
shall be retained by the permit agent as a commission for
issuing electronic permits.
new text end