reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 87A — Shooting Ranges › Section 87A.09 — Public Shooting Ranges; Accessibility.

87A.09 PUBLIC SHOOTING RANGES; ACCESSIBILITY.
(a) A publicly owned or managed shooting range located in the seven-county metropolitan area that is funded in whole or part with public funds must be available at least twice during the spring and twice during the summer for use by participants in a Minnesota Department of Natural Resources firearms safety instruction course under section 97B.015. The shooting range must be available during hours reasonable for youth participants. The range operator may charge a fee to cover any costs directly incurred from use required under this section, but may not charge a fee to offset costs for general maintenance and operation of the facility.
(b) This section does not apply to cities of the first class or a shooting range located on the same premises as a correctional or detention facility that holds or incarcerates offenders.
History:
2012 c 277 art 1 s 18
2023 Minnesota Statutes › Chapters 85 - 87A — Recreation › Chapter 87A — Shooting Ranges › Section 87A.10 — Shooting Sports Facility Grants.

87A.10 SHOOTING SPORTS FACILITY GRANTS.
The commissioner of natural resources shall administer a program to provide cost-share grants to local recreational shooting clubs or local units of government for up to 50 percent of the costs of developing or rehabilitating shooting sports facilities for public use. A facility rehabilitated or developed with a grant under this section must be open to the general public at reasonable times and for a reasonable fee on a walk-in basis. The commissioner shall give preference to projects that will provide the most opportunities for youth.
History:
2014 c 290 s 13; 2014 c 312 art 13 s 18; 1Sp2015 c 4 art 4 s 40
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.02 — Citation; Wildfire Act.

88.02 CITATION; WILDFIRE ACT.
Sections 88.02 to 88.22 may be cited as the "Wildfire Act."
History:
(4031-1) 1925 c 407 s 1; 1993 c 328 s 9
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.03 — Codification.

88.03 CODIFICATION.
Sections 88.03 to 88.22 shall be deemed and construed as a codification, revision, and expansion of, and as supplementary to, and taking the place of, the laws which existed at the time of the passage of Laws 1925, chapter 407, relating to forestry and to wildfires, including Laws 1911, chapter 125, and acts amendatory thereof and supplemental thereto; Laws 1913, chapter 159; Laws 1915, chapter 325; Extra Session Laws 1919, chapters 32 and 33, but without abridging or destroying any rights, obligations, liabilities, or penalties from, or under, any of such laws prior to the taking effect of Laws 1925, chapter 407. Sections 88.03 to 88.22 shall apply to all the wildfire areas of this state. In any civil or criminal prosecution action commenced under sections 88.03 to 88.22, or proceeding thereunder, it shall not be necessary to prove that any county is included in a wildfire area, but the contrary may be proven by any party to such action or proceeding.
History:
(4031-1) 1925 c 407 s 1; 1993 c 328 s 10
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.04 — Firebreaks; Preventing Fires.

88.04 FIREBREAKS; PREVENTING 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
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.041 — Agreements To Prevent And Suppress Wildfires.

88.041 AGREEMENTS TO PREVENT AND SUPPRESS WILDFIRES.
The commissioner may enter into agreements with other states, the Canadian or provincial governments to cooperatively prevent and suppress wildfires.
History:
1985 c 112 s 1; 1993 c 328 s 12
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.05 — Roadsides; Clearing; Firebreaks.

88.05 ROADSIDES; CLEARING; FIREBREAKS.
All highways, roads, and trails within wildfire areas are declared to be established firebreaks and for that purpose the state, through the Department of Natural Resources, is authorized to clean up all dead and down timber, all underbrush, rotting logs, stumps, and all other combustible refuse and debris along each side of these highways, roads, and trails for a distance of 200 feet on each side from the center thereof, all of this material to be burned or disposed of under the supervision of a forest officer in such manner as not to injure the growing timber.
All dead and usable timber taken out of these roadsides shall be piled for the immediate removal thereof by the owners of the land from which the same was removed.
History:
(4031-11 1/2) 1933 c 320 s 1; 1937 c 113 s 1; 1967 c 146 s 3; 1969 c 1129 art 10 s 2; 1993 c 328 s 13
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.06 — Removing Dead Or Down Timber.

88.06 REMOVING DEAD OR DOWN TIMBER.
The commissioner may permit, under the commissioner's direct supervision and control, any Civilian Conservation Corps, Works Progress Administration, or other state or federal relief agency actually engaged in the improvement and conservation of state trust fund lands within the boundaries of any state forest to clean up and remove all dead or down timber, underbrush, rotting logs, stumps, and all other combustible refuse and debris which is deemed to be a fire hazard, or the removal of any trees in forest stand improvement and cultural operations which is advisable in the interest of good forest management; and to use so much of these cuttings for firewood and other forest development needs while these camps are thus actively engaged in the improvement and care of these forests.
History:
(4031-11 1/2a) 1933 c 320 s 1; 1937 c 113 s 2; 1967 c 146 s 4; 1986 c 444; 1993 c 328 s 14
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.065 — Equipment Furnished.

88.065 EQUIPMENT FURNISHED.
Subject to applicable provisions of state laws respecting purchases, the commissioner of natural resources may purchase for and furnish to any governmental subdivisions of the state authorized to engage in natural disaster relief materials or equipment therefor, and may transport, repair, and renovate natural disaster relief materials and equipment for governmental subdivisions of the state. The commissioner may use any funds available for the purchase of natural disaster relief equipment or for its repair, transportation, and renovation under federal grants, if permitted by the terms thereof, or under state appropriations, unless otherwise expressly provided. Except as otherwise authorized or permitted by federal or state laws or regulations, the governmental subdivision receiving any such materials or services shall reimburse the state for the cost. All moneys received in reimbursement shall be credited to the fund from which the purchase, transportation, repair, or renovation was made, and are hereby reappropriated annually and shall be available for the same purpose as the original appropriation. As used in this section, "natural disaster relief" includes wildfire prevention or suppression, hazardous material discharge control or cleanup, and flood or windstorm relief.
History:
1945 c 521 s 1; 1969 c 1129 art 10 s 2; 1984 c 613 s 1; 1987 c 404 s 108; 1993 c 328 s 15; 1995 c 36 s 1
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.067 — Grants To Local Fire Departments.

88.067 GRANTS TO LOCAL FIRE DEPARTMENTS.
The commissioner may make grants for procurement of fire suppression equipment and training of fire departments in techniques of fire control. These grants will enable local fire departments to assist the state more effectively in controlling wildfires. The commissioner may require a local match for any grant. Fire suppression equipment may include, but is not limited to, fire suppression tools and equipment, protective clothing, dry hydrants, communications equipment, and conversion of vehicles to wildfire suppression vehicles. Training shall be provided to the extent practicable in coordination with other public agencies with training and educational responsibilities.
History:
1982 c 511 s 32; 1993 c 328 s 16; 1999 c 231 s 113
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.068 — Volunteer Fire Assistance Grant Account.

88.068 VOLUNTEER FIRE ASSISTANCE GRANT ACCOUNT.
A volunteer fire assistance grant account is established in the special revenue fund. Sales taxes allocated under section 297A.94, for making grants under section 88.067, must be deposited in the special revenue fund and credited to the volunteer fire assistance grant account. Money in the account, including interest, is appropriated to the commissioner for making grants under that section.
History:
1Sp2017 c 1 art 3 s 1
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.08 — Wildfire Protection Districts.

88.08 WILDFIRE PROTECTION DISTRICTS.
The commissioner may create and establish wildfire protection districts, including all lands of both state and private ownership, upon which there is a probability of wildfires starting, and establish forest officers over these districts. All such wildfire districts heretofore established and now in existence are hereby continued until and unless hereafter abolished by the commissioner.
History:
(4031-14) 1925 c 407 s 14; 1967 c 146 s 5; 1993 c 328 s 17
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.09 — Acquiring Land For Fire Protection.

88.09 ACQUIRING LAND FOR FIRE PROTECTION.
Subdivision 1.
Acceptance of lands.
The commissioner may on behalf of the state accept the title to any tract of land, not exceeding 40 acres in area, or to accept any easement in or upon any tract of land, which the commissioner deems necessary or convenient for the use of the state as locations for fire lookout towers, warehouses, or other buildings of any kind, or as locations for firebreaks, or for other use which the commissioner may deem suitable.
Subd. 2.
Purchase, lease, or condemnation.
The commissioner may on behalf of the state, where no suitable state lands are available, purchase, lease or acquire easements on small tracts or parcels of lands, not exceeding 40 acres in area, to be used as locations for fire lookout towers, warehouses, or other buildings of any kind, or as locations for firebreaks, or for any other use which the commissioner may deem suitable; also acquire by condemnation any tract of land, not exceeding 40 acres, for these purposes; also acquire, by gift, purchase, or condemnation, any easement or right-of-way that may be necessary to provide access to any tract of land so acquired.
History:
(4031-14a, 4031-14b) 1927 c 329 s 1,2; 1929 c 220 s 1,2; 1933 c 302 s 1,2; 1935 c 332 s 1; 1953 c 148 s 1; 1959 c 471 s 1; 1967 c 146 s 6; 1986 c 444; 1993 c 328 s 18
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.10 — Authority Of State Forest Officers.

88.10 AUTHORITY OF STATE FOREST OFFICERS.
Subdivision 1.
General authority.
Under the direction of the commissioner, forest officers are charged with preventing and extinguishing wildfires 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.
Subd. 2.
Arrest authority.
Any forest officer may serve any warrant for the arrest of any person violating any provision of sections 88.03 to 88.22.
Subd. 3.
Wildland firefighters; training and licensing.
Forest officers and all individuals employed as firefighters under this chapter are not subject to the licensing, training, and certification requirements of chapter 299N.
History:
(4031-15) 1925 c 407 s 15; 1957 c 322 s 1; 1967 c 146 s 7; 1978 c 735 s 2; 1986 c 444; 1993 c 328 s 19; 1Sp2019 c 4 art 3 s 35
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.11 — Assistance For Fighting Fires.

88.11 ASSISTANCE FOR FIGHTING FIRES.
Subdivision 1.
Firefighting personnel.
At any time forest officers, with the approval of the commissioner, may employ suitable persons to prevent and extinguish any fires. Each forest officer so employed shall be supplied with the necessary equipment. The commissioner, or any forest officer, may summon any person of the age of 18 years and upward to assist in stopping any fire burning in the district under the care of such state employee and may incur any other necessary and reasonable expense for this purpose, but shall promptly report the matter to the next superior officer or other state employee over the forest officer.
Subd. 2.
Failure to assist; penalty; commandeered property.
Any able-bodied person so summoned who refuses or neglects or otherwise fails to assist in extinguishing such fire or who fails to make all reasonable efforts to that end, until released by the summoning state employee, shall be guilty of a misdemeanor. The forest officer shall have power to commandeer, for the time being, equipment, tools, appliances, or other property in the possession of any person either summoned to assist in extinguishing the fire or in the vicinity thereof, and to use, and to require the persons summoned to use, the commandeered property in the fighting and extinguishing of the fire. The owner of any property so commandeered shall be promptly paid just compensation for the use thereof and all damages done to the commandeered property while in this use by the forest officer from any money available for these expenses under sections 88.03 to 88.22.
History:
(4031-16) 1925 c 407 s 16; 1967 c 146 s 8; 1986 c 444; 1987 c 49 s 2; 1993 c 328 s 20
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.12 — Compensating Wildfire Fighters; Emergency Expenses.

88.12 COMPENSATING WILDFIRE FIGHTERS; EMERGENCY EXPENSES.
Subdivision 1.
Limitation.
The compensation and expenses of persons temporarily employed in emergencies in suppression or control of wildfires shall be fixed by the commissioner of natural resources or an authorized agent and paid as provided by law. Such compensation shall not exceed the maximum rate for comparable labor established as provided by law or rules, but shall not be subject to any minimum rate so established. The commissioner is authorized to draw and expend from money appropriated for the purposes of sections 88.03 to 88.22 a reasonable sum and through forest officers or other authorized agent be used in paying emergency expenses, including just compensation for services rendered by persons summoned and for private property used, damaged, or appropriated under sections 88.03 to 88.22. The commissioner of management and budget is authorized to issue a payment for this sum when duly approved by the commissioner. The commissioner or agent in charge shall take proper subvouchers or receipts from all persons to whom these moneys are paid, and after these subvouchers have been approved they shall be filed with the commissioner of management and budget. Authorized funds as herein provided at any time shall be deposited, subject to withdrawal or disbursement by check or otherwise for the purposes herein prescribed, in a bank authorized and bonded to receive state deposits; and the bond of this bank to the state shall cover and include this deposit.
Subd. 2.
Contracts for services; commissions to persons employed.
The commissioner is hereby authorized and empowered to contract for or accept the services of any and all persons whose aid is available, temporarily or otherwise, in forestry or wildfire prevention work, either gratuitously or for compensation not in excess of the limits provided by law with respect to the employment of labor by the commissioner. At the request of another emergency response agency, trained forestry wildfire fighting resources may be used to support search and rescue operations. The commissioner may issue a commission, or other written evidence of authority, to any such person whose services are so arranged for; and may thereby empower such person to act, temporarily or otherwise, as fire warden, or in any other capacity, with such powers and duties as may be specified in the commission or other written evidence of authority, but not in excess of the powers conferred by law on forest officers.
History:
(4031-17, 4031-17a) 1925 c 407 s 17; 1927 c 280 s 1; 1955 c 218 s 1; 1967 c 146 s 9; 1969 c 1129 art 10 s 2; 1973 c 492 s 14; 1985 c 248 s 70; 1986 c 444; 1993 c 328 s 21; 2000 c 495 s 8; 2009 c 101 art 2 s 109; 1Sp2019 c 10 art 3 s 18
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.15 — Campfires.

88.15 CAMPFIRES.
Subdivision 1.
Extinguishment.
Any forest officer, conservation officer, or other peace officer who finds that any person has left a campfire burning shall take measures to extinguish the fire and take action against the person or persons responsible for leaving the campfire burning.
Subd. 2.
Not to be left burning.
(a) Every person who starts or maintains a campfire shall:
(1) exercise every reasonable precaution to prevent the campfire from spreading;
(2) before lighting the campfire, clear the ground of all combustible material five feet from the base of the campfire;
(3) remain with the campfire at all times; and
(4) before leaving the site, completely extinguish the campfire.
(b) For the purposes of this section, "maintains" means tending or adding substantial fuel to a campfire with the effect of extending the life of the campfire.
History:
(4031-20, 4031-21) 1925 c 407 s 20,21; 1929 c 261 s 1; 1981 c 37 s 2; 1986 c 444; 1993 c 328 s 23; 2008 c 357 s 20
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.16 — Starting And Reporting Fires.

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:
(1) a fire started when the ground is snow covered;
(2) a campfire;
(3) a fire contained in a charcoal grill, camp stove, or other device designed for the purpose of cooking or heating; or
(4) 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; 2022 c 55 art 1 s 19
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.171 — Open Burning Prohibitions.

88.171 OPEN BURNING PROHIBITIONS.
Subdivision 1.
Continual.
Open burning prohibitions specified in this section are in effect at all times of the year.
Subd. 2.
Prohibited materials; exceptions.
No person shall conduct, cause, or permit open burning of rubber, plastics, chemically treated materials, or other materials which produce excessive or noxious smoke including, but not limited to, tires, railroad ties, chemically treated lumber, composite shingles, tar paper, insulation, composition board, sheetrock, wiring, paint, or paint filters. The commissioner may allow burning of prohibited materials when the commissioner of health or the community health board has made a determination that the burning is necessary to abate a public health nuisance. Except as specifically authorized by the commissioner of the Pollution Control Agency as an emergency response to an oil spill, no person shall conduct, cause, or permit open burning of oil.
Subd. 3.
Hazardous wastes.
No person shall conduct, cause, or permit open burning of hazardous waste as defined in section 116.06, subdivision 11, and applicable commissioner's rules.
Subd. 4.
Industrial solid waste.
(a) No person shall conduct, cause, or permit open burning of solid waste generated from an industrial or manufacturing process or from a service or commercial structure.
(b) The commissioner may allow open burning of raw untreated wood if the commissioner determines that reuse, recycling, or land disposal is not a feasible or prudent alternative.
Subd. 5.
Demolition debris.
No person shall conduct, cause, or permit open burning of burnable building material generated from demolition of commercial or institutional structures. A farm building is not a commercial structure.
Subd. 6.
Salvage operations.
No person shall conduct, cause, or permit salvage operations by open burning.
Subd. 7.
Motor vehicles.
No person shall conduct, cause, or permit the processing of motor vehicles by open burning.
Subd. 8.
Garbage.
(a) No person shall conduct, cause, or permit open burning of discarded material resulting from the handling, processing, storage, preparation, serving, or consumption of food, unless specifically allowed under section 17.135.
(b) A county may allow a resident to conduct open burning of material described in paragraph (a) that is generated from the resident's household if the county board by resolution determines that regularly scheduled pickup of the material is not reasonably available to the resident.
Subd. 9.
Burning ban.
No person shall conduct, cause, or permit open burning during a burning ban put into effect by a local authority, county, or a state department or agency.
Subd. 10.
Smoldering fires.
Fires must not be allowed to smolder with no flame present, except when conducted for the purpose of managing forests, prairies, or wildlife habitats.
History:
1993 c 328 s 27; 1995 c 240 art 2 s 1; 1996 c 295 s 1,2; 2015 c 21 art 1 s 109
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.18 — Fire Wardens.

88.18 FIRE WARDENS.
The commissioner may appoint local government officials, authorized Minnesota pollution control agents, fire chiefs, or other responsible persons to be fire wardens in their respective districts.
History:
(4031-24) 1925 c 407 s 24; 1967 c 146 s 14; 1973 c 123 art 5 s 7; 1993 c 328 s 28
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.195 — Penalties.

88.195 PENALTIES.
Subdivision 1.
Failure to extinguish fire.
Any person who starts and fails to control or extinguish the fire, whether on owned property or on the property of another, before the fire endangers or causes damage to the property of another person or the state is guilty of a misdemeanor.
Subd. 2.
Failure to control permit fire.
Any person who has a burning permit and fails to keep the permitted fire contained within the area described on the burning permit or who fails to keep the fire restricted to the materials specifically listed on the burning permit is guilty of a misdemeanor.
Subd. 3.
Careless or negligent fires.
Any person who carelessly or negligently starts a fire that endangers or causes damage to the property of another person or the state is guilty of a misdemeanor.
Subd. 4.
Careless or negligent acts.
Any person who participates in an act involving careless or negligent use of motor vehicles, other internal combustion engines, firearms with tracers or combustible wads, fireworks, smoking materials, electric fences, torches, flares, or other burning or smoldering substances whereby a fire is started and is not immediately extinguished before the fire endangers or causes damage to the property of another person or the state is guilty of a misdemeanor.
Subd. 5.
Internal combustion engines.
Any person who operates a vehicle in a wildfire area when the ground is not snow-covered with an open exhaust cutout, without a muffler, without a catalytic converter if required, or without a spark arrestor on the exhaust pipe; or any person who operates a tractor, chainsaw, or other internal combustion engine not equipped to prevent fires is guilty of a misdemeanor.
History:
1993 c 328 s 29
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.20 — Railroad Companies To Provide Patrol Officers.

88.20 RAILROAD COMPANIES TO PROVIDE PATROL OFFICERS.
(a) After making a judgment that there is danger of the setting and spreading of fires from locomotive engines, the commissioner of natural resources shall order any railroad company to provide patrol officers with the necessary equipment to follow each train throughout such fire patrol district or districts as the commissioner deems necessary to prevent fires. When the commissioner has so notified a railroad company to provide such a patrol after trains, the railroad company shall immediately comply with the requirements of this notice throughout the territory designated; and, upon its failure so to do, the commissioner may employ patrol officers with the necessary equipment to patrol the rights-of-way of the railroad, and the expense shall be charged to the railroad company and may be recovered in a civil action in the name of the state of Minnesota; and in addition thereto the company shall be guilty of a misdemeanor. All money so recovered shall be paid into the state treasury and credited to the appropriation from which expenses were paid.
(b) The commissioner may prescribe such other measures as are considered by the commissioner to be essential for the immediate control of fire.
(c) It is made the duty of any railroad company, acting independently of the commissioner, to patrol its right-of-way after the passage of each train when necessary to prevent the spread of fires and to use the highest degree of diligence to prevent the setting and spread of fire, to cause the extinguishment of fires set by locomotives or found existing upon their respective rights-of-way.
History:
(4031-26) 1925 c 407 s 26; 1939 c 427 s 1; 1967 c 207 s 1; 1969 c 1129 art 10 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.22 — Wildfire Prevention; Restrictions And Penalties.

88.22 WILDFIRE PREVENTION; RESTRICTIONS AND PENALTIES.
Subdivision 1.
Imposition of restrictions.
(a)
Road closure.
When the commissioner of natural resources shall determine that conditions conducive to wildfire hazards exist in the wildfire areas of the state and that the presence of persons in the wildlife areas tends to aggravate wildfire hazards, render forest trails impassable by driving thereon during wet seasons and hampers the effective enforcement of state timber trespass and game laws, the commissioner may by written order, close any road or trail leading into any land used for any conservation purposes, to all modes of travel except that considered essential such as residents traveling to and from their homes or in other cases to be determined by the authorized forest officers assigned to guard the area.
(b)
Burning ban.
The commissioner may also, upon such determination, by written order, suspend the issuance of permits for open fires or prescribed burns, revoke or suspend the operation of a permit previously issued and, to the extent the commissioner deems necessary, prohibit the building of all or some kinds of open fires or prescribed burns in all or any part of a wildfire area regardless of whether a permit is otherwise required; and the commissioner also may, by written order, prohibit smoking except at places of habitation or automobiles or other enclosed vehicles properly equipped with an efficient ash tray.
Subd. 2.
Dumping ban.
(a) The commissioner may close any public or private dumping area, by posting such area as closed to dumping, whenever the commissioner deems it necessary for the prevention of wildfires. Thereafter no person shall deposit refuse of any kind within or adjacent to such closed area, or along the road leading thereto.
(b) The commissioner shall establish such minimum standards governing public and private dumping areas as the commissioner deems necessary for the prevention of wildfires.
Subd. 3.
Penalty.
Any violations of this section is a misdemeanor.
History:
(4031-34a) 1937 c 114 s 1; 1957 c 201 s 1; 1959 c 37 s 1; 1969 c 1129 art 10 s 2; 1978 c 735 s 5; 1986 c 444; 1993 c 328 s 30; 2016 c 189 art 3 s 29
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.28 — Law Divided Into Parts.

88.28 LAW DIVIDED INTO PARTS.
Sections 88.28 to 88.46 are hereby divided into three parts. Sections 88.28 to 88.41 relate exclusively to counties. Sections 88.42 and 88.43 relate exclusively to towns and cities. Sections 88.44 to 88.46 contain provisions relating both to counties and to towns and cities.
History:
(4031-36) 1925 c 263 s 1; 1973 c 123 art 5 s 7
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.29 — County Boards; Jurisdiction, Powers.

88.29 COUNTY BOARDS; JURISDICTION, POWERS.
It is hereby proposed to grant to the county boards of the several counties of this state jurisdiction within their respective counties to exercise all the powers and authority of sections 88.28 to 88.46 relative to the prevention and abatement of forest fires and the clearing and improvement of land by the removal from such land of trees, brush, stumps, and all other similar substances which contribute to the danger of forest fires; including the power to make any given area of improvement under sections 88.28 to 88.46 impervious to fire by any means now known or hereafter invented or discovered.
History:
(4031-37) 1925 c 263 s 2
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.30 — Clearing And Improving Lands.

88.30 CLEARING AND IMPROVING LANDS.
Before any improvement authorized by sections 88.28 to 88.46 shall be ordered or caused to be constructed by the county board of any county, there shall first be filed with the auditor of the county a petition signed by two or more parties owning land in the county, which land shall be described in the petition. The petition shall describe each tract of land, of which any portion is to be improved, by 40-acre tracts or by number of lots as designated under government survey; specify the number of acres of each tract that it is proposed to improve, which shall be not less than five, nor more than 20, acres in each 40-acre tract and a proportionate amount in smaller subdivisions; and set forth the nature of the title of the petitioners to each particular tract, in general terms, specifying whether the land is held by the petitioners as owners or under contract, and if the latter, with whom, and the balance remaining unpaid of the purchase price. The lands described in the petition must be situated in the same locality or part of the county, but not more than 40 acres in any quarter-section owned by the same petitioner shall be improved under sections 88.28 to 88.46 except by unanimous consent of the members of the county board. The petition shall further set forth a general description of the proposed improvement. Upon the filing of the petition, duly verified, with the auditor of the county, together with a bond by the petitioners, or by one or more of them, or some one in their behalf, with sufficient security, in a sum of not less than $500, conditioned to hold the county harmless from all expense in the event the improvement petitioned for is not granted, the auditor shall designate the proceeding as "County Land Improvement No. ................," and in all subsequent proceedings in relation thereto the same may be designated and referred to by such title and number.
Any petition heretofore filed under Laws 1921, chapter 155, and any proceedings taken thereunder, may be continued and completed in conformity with the provisions of sections 88.28 to 88.46, at the discretion of the county board. No lands shall be so improved under sections 88.28 to 88.46 except upon petition of the owner or owners thereof.
History:
(4031-38) 1925 c 263 s 3
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.31 — Surveys And Plats.

88.31 SURVEYS AND PLATS.
Upon the filing of the petition and bond, as provided in section 88.30, with the auditor of any county, the auditor shall notify the county board of the county, and the county board shall, within 30 days thereafter, appoint a competent civil engineer and direct the engineer to proceed to examine the land described in the petition and make the necessary surveys to enable the engineer to report and file with the auditor a plat, therein describing each 40-acre tract or governmental lot covered by the petition and marking thereon the portion of the land proposed to be cleared and improved. The engineer shall, as a part of the report, describe the kind of trees, brush, stumps, or other similar materials or debris located upon the land and proposed to be removed by the proceedings, together with an estimate of the cost thereof, and the probable value of the material, if any, when removed, and shall accompany the report with specifications as to the manner of performing and completing the improvement. The engineer shall specifically describe the nature of the soil of each tract and any other conditions affecting the value, location, or use of the land. This report shall be in tabulated form and furnish the county board with an estimate of the cost of the improvement of each particular tract of land described, which report by the engineer shall be filed with the auditor within 30 days after appointment of the engineer, unless for good cause shown further extension of 30 days is granted by the auditor. This engineer before entering upon duties shall execute to the county board a bond in the sum of $1,000, conditioned for the faithful performance of the duties.
History:
(4031-39) 1925 c 263 s 4; 1986 c 444
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.32 — Appraisers; Assessing Benefits And Damages; Statements And Reports.

88.32 APPRAISERS; ASSESSING BENEFITS AND DAMAGES; STATEMENTS AND REPORTS.
At the time of the appointment of the engineer, as provided in section 88.31, by the county board, or within 30 days thereafter, the board shall appoint three appraisers, residents of the state, but not interested in any of the land described in the petition or affected by the proposed improvement, who, upon the filing of the engineer's report, or within ten days thereafter, shall be furnished by the auditor with a copy of the report; and, after taking oath as such appraisers to faithfully perform their duties in making these appraisals and report, shall personally visit the several tracts of land and examine the trees, brush, timber, or similar material thereon to be removed, and especially examine the nature and quality of the soil and the benefits or damages resulting or to result from the improvement. These appraisers within 30 days from the date of their appointment or from the date of filing the engineer's report, shall make and file in the office of the auditor a tabulated statement and report, therein describing each 40-acre tract or governmental lot described in the petition, reporting the condition thereof and the amount thereof already cleared or under cultivation; the amount proposed to be cleared; the value of the land at the time of the appraisal; the value after the completion of the improvement; and the aggregate benefits or damages that will result to each 40-acre tract or governmental lot in consequence of the improvement; and shall, by their report, show the total cost of the improvement and the total benefits or damages that will result therefrom, together with any other facts affecting the value or use of the land or the advisability of the proposed improvement.
History:
(4031-40) 1925 c 263 s 5
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.33 — Hearings; Notice; Service; Date; Adjournments.

88.33 HEARINGS; NOTICE; SERVICE; DATE; ADJOURNMENTS.
Upon the filing of this report, the auditor shall, within ten days thereafter, fix a date for final hearing on the petition and the engineer's and appraisers' reports and call a special meeting of the county board for that date by giving notice, as required by law therefor, which hearing shall be not less than 30 days from the date of the notice. The notice shall specify the time and place for the hearing upon the petition and the reports of the engineer and the appraisers, and shall notify and require all parties in any manner interested to show cause before the county board, at the time and place specified in the notice, why an order should not be made confirming the reports of the engineer and the appraisers and ordering and directing that the improvement petitioned for be made, and fixing and determining the amount and extent of the improvement and the amount and value of the benefits or damages resulting to any land in consequence of the improvement. This notice shall contain the names of the owners of the land as shown in the petition, together with a description of the land by 40-acre tracts or governmental lots, the amount of the estimated benefits and damages to each tract or parcel, and state that the engineer's and the appraisers' reports have been filed in the office of the auditor subject to inspection by any parties interested. Copies of this notice shall be mailed by the auditor to all parties named in the petition, if their addresses are known to the auditor, at least 15 days prior to the date of the hearing. This notice shall also be served by publication for three successive weeks in any legal newspaper published in the county, which newspaper shall be designated by the auditor. In all cases in which for any cause the notice shall not be given or is legally defective, as given, the auditor shall fix another date for hearing in accordance with sections 88.28 to 88.46, so that the hearing upon the petition and the engineer's and the appraisers' reports may be held at the earliest possible date, at either a special or a regular meeting of the county board. When any final order of the county board in any case shall have been set aside, annulled, or declared void by any court by reason of failure to give proper notice of the hearing, the county board may, at any time within one year after the rendering of such judgment, upon application of the petitioners, order a special hearing before it upon the petition and the reports; and, thereupon the auditor shall cause a new and proper notice to be published and mailed, as hereinbefore specified, for rehearing upon the petition and these reports. At the rehearing the county board may proceed as in cases of original hearing. Any hearing may be adjourned from day to day until completed.
History:
(4031-41) 1925 c 263 s 6; 1986 c 444
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.34 — Hearing On Petition; Elimination Of Lands.

88.34 HEARING ON PETITION; ELIMINATION OF LANDS.
Upon due publication and mailing of notice of hearing, the county board shall have jurisdiction of all matters named or referred to in the petition as originally presented, or as afterwards amended, and of each tract of land and of all parties in any manner interested therein, as named or described in the petition and in the engineer's and the appraisers' reports. The county board may, at the time and place specified in the notice, receive all evidence offered relative to matters contained in the petition and these reports, including the amount of benefits and damages reported by the appraisers; and the county board shall have authority to amend or modify these reports, and may amend or permit the amendment of the petition to conform to any requirements of the statute, and may order stricken therefrom, and from the reports of the engineer and the appraisers, any land found by the county board not suitable for the required purposes or for other reasons not suitably adapted to the improvement. The elimination of any such land or the names of any such petitioners or the withdrawal thereof shall not in any manner affect the jurisdiction of the county board; but the original petitioners, at any time before the date of hearing, may cause the dismissal of the proceedings upon the payment of all costs and expenses.
History:
(4031-42) 1925 c 263 s 7
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.35 — Rereference Of Petition.

88.35 REREFERENCE OF PETITION.
If, at such hearing, after the presentation of the evidence on behalf of all parties interested, it shall appear to the satisfaction of the county board that the appraisers have made unequal or improper assessments or estimates of benefits or damages, or for any reason the estimates of benefits or damages, as reported by the appraisers, are not fair and just, or are not in the proper proportion, or that the engineer's report is incorrect or for any reason not according to facts, it may refer back to the appraisers and to the engineer, or to either of them, their reports for correction and amendment; or, at the hearing, it may order them amended to conform to the facts and, upon the amendments being made, the amended reports shall be treated as the final reports of the engineer or the appraisers, as the case may be.
History:
(4031-43) 1925 c 263 s 8
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.36 — Order For Improvements.

88.36 ORDER FOR IMPROVEMENTS.
If, at the final hearing, or adjournment thereof, the county board, after due consideration of the original or amended reports of the engineer and the appraisers and of such other evidence as may be produced, shall find that the proposed improvements will be of public benefit and aid in preventing or abating forest fires, it may order such improvements to be made in accordance with the petition and these reports. This order shall fix and determine the rights of all persons connected with or affected by the proposed improvements, subject to the right of appeal, as provided in section 88.37.
History:
(4031-44) 1925 c 263 s 9
2023 Minnesota Statutes › Chapters 88 - 91 — Forestry › Chapter 88 — Division Of Forestry › Section 88.37 — Appeals From Orders For Improvements.

88.37 APPEALS FROM ORDERS FOR IMPROVEMENTS.
(a) Any person aggrieved thereby may appeal from any such order of the county board upon any of the following matters:
(1) the amount of benefits to any property in which such person so appealing is interested;
(2) the amount of any damages allowed in which such person so appealing is interested; or
(3) the refusal of the county board to establish or order the improvement to be made.
(b) The appeal shall be made and taken to the district court in and for the county, under the conditions and in the manner provided by law for like appeals in county ditch proceedings, particular reference being made to General Statutes 1923, Section 6687, and the appeal shall be determined with like effect as provided therein.
History:
(4031-45) 1925 c 263 s 10