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Minnesota Legislature

Office of the Revisor of Statutes

88.04 FIREBREAKS; PREVENTION OF FIRES.
    Subdivision 1. Local cooperation. The commissioner shall cooperate with the state highway
authorities and with the supervising officers of the various towns and cities in the construction of
firebreaks along section lines and public highways.
    Subd. 2. Firebreak authorization. All cities in the state situated in any wildfire area are
hereby authorized to clear off all combustible material and debris and create at least two good
and sufficient firebreaks of not less than ten feet in width each, which shall completely encircle
such municipalities at a distance of not less than 20 rods apart, between which backfires may be
set or a stand made to fight wildfires in cases of emergency.
    Subd. 3. Local responsibility; tax. All towns and cities shall take necessary precautions
to prevent the starting and spreading of wildfires and to extinguish them. They may levy a tax
annually on all taxable property in the city or town. The tax when collected shall be known
as the fire fund and kept separate from all other funds and used only to pay all necessary and
incidental expenses incurred in enforcing the provisions of sections 88.03 to 88.22. Up to $500
shall be expended in any one year from any such fire fund for the support of any municipal fire
department. No municipality shall make any levy for its fire fund at any time when the fund
contains $5,000 or more, including cash on hand and uncollected taxes that are not delinquent.
    Subd. 4. General supervision. In all towns constituted within any of the wildfire protection
districts which may be established by the commissioner, the respective town and city officers
and employees shall cooperate with, and be under the general supervision and direction of, the
commissioner.
History: (4031-11) 1925 c 407 s 11; 1949 c 676 s 1; 1967 c 146 s 2; 1973 c 123 art 5 s 7;
1973 c 773 s 1; 1989 c 277 art 4 s 5; 1993 c 328 s 11; 1994 c 505 art 3 s 2