HF 3568

as introduced - 89th Legislature (2015 - 2016) Posted on 03/24/2016 02:23pm

A bill for an act
relating to natural resources; modifying fire permit requirements; amending
Minnesota Statutes 2014, sections 88.01, by adding a subdivision; 88.10,
subdivision 1; 88.16, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 88.01, is amended by adding a subdivision
to read:

new text begin Subd. 28. new text end

new text begin Prescribed burn. new text end

new text begin "Prescribed burn" means a fire that is intentionally
ignited and managed by an entity meeting requirements established by the commissioner
for the purpose of managing vegetation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 2.

Minnesota Statutes 2014, section 88.10, subdivision 1, is amended to read:

Subdivision 1.

General authority.

Under the direction of the commissioner, forest
officers are charged with preventing and extinguishing wildfires new text begin , excluding prescribed
burns, new text end in their respective districts and the performance of such other duties as may be
required by the commissioner. They may arrest without warrant any person found
violating any provisions of sections 88.03 to 88.22, take the person before a court of
competent jurisdiction in the county charging the person so arrested, and the person so
charged shall be arraigned and given a hearing on the complaint. The forest officers shall
not be liable in civil action for trespass committed in the discharge of their duties. All
authorized state forest officers, fire wardens, conservation officers, smoke chasers, fire
supervisors or individuals legally employed as firefighters, may in the performance of their
duties of firefighting go onto the property of any person, company, or corporation and in so
doing may set backfires, dig or plow trenches, cut timber for clearing fire lines, dig water
holes, remove fence wires to provide access to the fire or carry on all other customary
activities necessary for the fighting of wildfires without incurring a liability to anyone,
except for damages arising out of willful or gross negligence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 3.

Minnesota Statutes 2014, section 88.16, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

No permit is required for the following fires:

deleted text begin (a) deleted text end new text begin (1) new text end a fire started when the ground is snow-covered deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (b) deleted text end new text begin (2) new text end a campfire deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (c) deleted text end new text begin (3) new text end a fire contained in a charcoal grill, camp stove, or other device designed for
the purpose of cooking or heating deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (d) deleted text end new text begin (4) new text end a fire to burn dried vegetative materials and other materials allowed by
Minnesota statutes or official state rules and regulations in a burner of a design which has
been approved by the commissioner and with which there is no combustible material
within five feet of the base of the burner and is in use only between the hours of 6:00 p.m.
and 8:00 a.m. of the following day, when the ground is not snow-covered deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) a prescribed burn, provided the local Department of Natural Resources forestry
office has been notified of the location of the fire in advance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 4. new text begin PRESCRIBED BURN REQUIREMENTS.
new text end

new text begin The commissioner of natural resources, in cooperation with prescribed burning
professionals, nongovernmental organizations, and local and federal governments, must
develop criteria for certifying an entity to conduct a prescribed burn without a permit. The
commissioner must submit recommendations to the chairs and ranking minority members
of the house of representatives and senate committees and divisions with jurisdiction over
environment and natural resources with any necessary legislative changes needed by
January 15, 2017.
new text end