1999 Minnesota Statutes

     88.17 Permission to start fires; prosecution for 
  unlawfully starting fires. 

    Subdivision 1.    Permit required.  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 a written permit signed by a 
 forest officer, fire warden, authorized Minnesota pollution 
 control agent, or other person authorized by the forest officer, 
 or town fire warden, and 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, town fire warden, 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. 

    Subd. 2. Repealed, 1993 c 328 s 32 

    Subd. 3.    Special permits.  The following special 
 permits are required at all times, including when the ground is 
 snow-covered: 

    (a)    Fire training.  A permit to start a fire for the 
 instruction and training of firefighters, including liquid fuels 
 training, may be given by the commissioner or agent of the 
 commissioner.  Except for owners or operators conducting fire 
 training in specialized industrial settings pursuant to 
 applicable federal, state, or local standards, owners or 
 operators conducting open burning for the purpose of instruction 
 and training of firefighters with regard to structures must 
 follow the techniques described in a document entitled:  
 Structural Burn Training Procedures for the Minnesota Technical 
 College System. 

    (b)    Permanent tree and brush open burning sites.  A 
 permit for the operation of a permanent tree and brush burning 
 site may be given by the commissioner or agent of the 
 commissioner.  Applicants for a permanent open burning site 
 permit shall submit a complete application on a form provided by 
 the commissioner.  Existing permanent tree and brush open 
 burning sites must submit for a permit within 90 days of the 
 passage of this statute for a burning permit.  New site 
 applications must be submitted at least 90 days before the date 
 of the proposed operation of the permanent open burning site.  
 The application must be submitted to the commissioner and must 
 contain: 

    (1) the name, address, and telephone number of all owners 
 of the site proposed for use as the permanent open burning site; 

    (2) if the operator for the proposed permanent open burning 
 site is different from the owner, the name, address, and 
 telephone number of the operator; 

    (3) a general description of the materials to be burned, 
 including the source and estimated quantity; and 

    (4) a topographic or similarly detailed map of the site and 
 surrounding area within a one mile circumference showing all 
 structures that might be affected by the operation of the site. 

    Only trees, tree trimmings, or brush that cannot be 
 disposed of by an alternative method such as chipping, 
 composting, or other method shall be permitted to be burned at a 
 permanent open burning site.  A permanent tree and brush open 
 burning site must be located so as not to create a nuisance or 
 endanger water quality. 

    HIST: (4031-23) 1925 c 407 s 23; 1967 c 146 s 13; 1969 c 410 s 
 2; 1978 c 735 s 4; 1986 c 444; 1987 c 271 s 1; 1993 c 328 s 
 25,26