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88.17 DIVISION OF LANDS AND FORESTRY <br />198 <br />fire warden, and shall set the time and conditions by which the fire may be started and <br />burned. The permit shall also specifically list the materials that may be burned. The per - <br />mittee must have the permit on their person and shall produce the permit for inspection <br />when requested to do so by a forest officer, town fire warden, conservation officer, or <br />other peace officer. The permittee shall remain with the fire at all times and before leav- <br />ing the site shall completely extinguish the fire. A person shall not start or cause a fire <br />to be started on any land that is not owned or under their legal control without the writ- <br />ten permission of the owner, lessee, or an agent of the owner or lessee of the land. Vio- <br />lating or exceeding the permit conditions shall constitute a misdemeanor and shall be <br />cause for the permit to be revoked. <br />Subd. 2. [Repealed, 1993 c 328 s 32] <br />Subd. 3. Special permits. The following special permits are required at all times, <br />including when the ground is snow - covered: <br />(a) Fire training. A permit to start a fire for the instruction and training of fire- <br />fighters, including liquid fuels training, may be given by the commissioner or agent of <br />the commissioner. Except for owners or operators conducting fire training in special- <br />ized industrial settings pursuant to applicable federal, state, or local standards, owners <br />or operators conducting open burning for the purpose of instruction and training of <br />firefighters with regard to structures must follow the techniques described in a docu- <br />ment entitled: Structural Burn Training Procedures for the Minnesota Technical Col- <br />lege System. <br />(b) Permanent tree and brush open burning sites. A permit for the operation of a <br />permanent tree and brush burning site may be given by the commissioner or agent of <br />the commissioner. Applicants for a permanent open burning site permit shall submit <br />a complete application on a form provided by the commissioner. Existing permanent <br />tree and brush open burning sites must submit for a permit within 90 days of the pas- <br />sage of this statute for a burning permit. New site applications must be submitted at <br />least 90 days before the date of the proposed operation of the permanent open burning <br />site. The application must be submitted to the commissioner and must contain: <br />(1) the name, address, and telephone number of all owners of the site proposed for <br />use as the permanent open burning site; <br />(2) if the operator for the proposed permanent open burning site is different from <br />the owner, the name, address, and telephone number of the operator; <br />(3) a general description of the materials to be burned, including the source and <br />estimated quantity; and <br />(4) a topographic or similarly detailed map of the site and surrounding area within <br />a one mile circumference showing all structures that might be affected by the operation <br />of the site. <br />Only trees, tree trimmings, or brush that cannot be disposed of by an alternative <br />method such as chipping, composting, or other method shall be permitted to be burned <br />at a permanent open burning site. A permanent tree and brush open burning site must <br />be located so as not to create a nuisance or endanger water quality. <br />History: (4031 -23) 1925 c 407 s 23; 1967 c 146 s 13; 1969 c 410 s 2; 1978 c 735 s <br />4; 1986 c 444; 1987 c 271 s I; 1993 c 328 s 25,26 <br />88.171 OPEN BURNING PROHIBITIONS. <br />Subdivision 1. Continual. Open burning prohibitions specified in this section are <br />in effect at all times of the year. <br />Subd. 2. Prohibited burning of oils, rubber, plastics, chemiccaly treated amate materials, other materials stwhich <br />produce excessive or noxious smoke including, but not limited to, tires, railroad ties, <br />chemically treated lumber, composite shingles, tar paper, insulation, composition <br />board, sheetrock, wiring, paint, or paint filters. <br />Subd. 3. Hazardous wastes. No person shall conduct, cause, or permit open burn- <br />Page 50 <br />199 <br />ing of haza <br />comrrlissiot <br />Subd. <br />burning of <br />a service or <br />Subd. <br />ing of burn <br />tional struc: <br />Subd. <br />operations t <br />Subd. - <br />of motor ve: <br />Subd. 8 <br />discarded m <br />ing, or const <br />(b) A cc <br />in paragraph <br />resolution de <br />available to <br />Subd. 9 <br />ing a burning <br />agency. <br />Subd. ]l <br />present, exce; <br />life habitats. <br />History: <br />88.18 FIRE <br />The conyr <br />pollution con. <br />their respectiN <br />History: r <br />s 28 <br />88.19 [Ref <br />88.195 PEN: <br />Subdivisit <br />trol or extingu <br />before the fire t <br />is guilty of a n <br />Subd. 2. F <br />fails to keep th <br />mit or who fail <br />ing permit is g <br />Subd. 3. C <br />a fire that enda <br />is guilty of a rr <br />Subd. 4. C <br />ing careless or r <br />arms with tract <br />torches, Flares, <br />Is not immediat <br />erty of another <br />