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88.16 STARTING AND REPORTING FIRES.
    Subdivision 1. Written permission required. Except as provided in subdivision 2, and
section 88.17, it shall be unlawful to start or have any open fire without the written permission of
the commissioner, a forest officer, or an authorized fire warden.
    Subd. 2. Exceptions. No permit is required for the following fires:
(a) A fire started when the ground is snow-covered.
(b) A campfire.
(c) A fire contained in a charcoal grill, camp stove, or other device designed for the purpose
of cooking or heating.
(d) 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.
    Subd. 3. Report of fire; penalty. The occupant of any property upon which any unauthorized
fire is burning, whether the fire was started by the occupant or otherwise, shall promptly report
the fire to the nearest forestry office, fire department, or other proper authority. Failure to make
this report shall be a misdemeanor and the occupant of the premises shall be deemed prima facie
guilty of negligence if the unreported fire spreads from the property or causes damage, loss, or
injury to another person, that person's property, or the state.
History: (4031-22) 1925 c 407 s 22; 1967 c 146 s 12; 1969 c 410 s 1; 1978 c 735 s 3;
1986 c 444; 1993 c 328 s 24

Official Publication of the State of Minnesota
Revisor of Statutes