| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

88.17.1

Statute ID: 13444

Statute Function ID: 29465

Forestry - Burning Permits - Fail to have burning permit on person

In Effect

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Charge

Classifications

Offense Level:

Misdemeanor (M)

General Offense Code:

Other (9)

Offense Summary Code & Rank:

Crimes Against Govt (Y) (Rank 19)

Detailed Offense Code:

Environmental Regulation (911)

Offense Severity Level:

Function Text:

The payable list has different fine amounts for some of these offenses. In order to have both fine amounts set, some offenses are charged at the subdivision even though it does not contain any offense elements.

UCR Code

Description

90Z

All Other Offenses

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Report to DNR:

Yes

DPS Group:

Conditional Release:

Payable:

Yes

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

88.17.1

Enactment Date:

May 17, 2010

Effective Date:

Jul 1, 2010

Expiration Date:

Repealed?:

Summary Text:

Forestry - Burning Permits - Fail to have burning permit on person

Statute ID:

13444

Created:

Jun 18, 2010 by mnjis.legal.analyst@state.mn.us

Updated:

Nov 23, 2010 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Corrected

Legal Analyst Comment:

Modifying code description per DNR request

Summary Text:

Forestry - Burning Permits - Fail to have burning permit on person

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/88/17.html

Legislative Session:

2010 - Regular

Session Law Text?:

Statute text last updated on:

Nov 23, 2010

(a) Permission 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:
(1) a written permit issued by a forest officer, fire warden, or other person authorized by the commissioner;
(2) an electronic permit issued by the commissioner, an agent authorized by the commissioner, or an Internet site authorized by the commissioner; or
(3) a general permit adopted by the county board of commissioners according to paragraph (c).
(b) Written and electronic burning permits 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, 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.
(c) A general burning permit may be adopted by the county board of commissioners in counties that are determined by the commissioner either to not be wildfire areas as defined in section 88.01, subdivision 6, or to otherwise have low potential for damage to life and property from wildfire. The commissioner shall consider the history of and potential for wildfire; the distribution of trees, brush, grasslands, and other vegetative material; and the distribution of property subject to damage from escaped fires. Upon a determination by the commissioner and adoption by a vote of the county board, permission for open burning is extended to all residents in the county without the need for individual written or electronic permits under this subdivision, provided burning conforms to all other provisions of this chapter, including those related to responsibility to control and extinguish fires, no burning of prohibited materials, and liability for damages caused by violations of this chapter.
(d) Upon adoption of a general burning permit, a county must establish specific regulations by ordinance, to include at a minimum the time when and conditions under which fires may be started and burned. No ordinance may be less restrictive than state law.
(e) At any time when the commissioner or the county board determines that a general burning permit is no longer in the public interest, the general permit may be canceled by the commissioner or the county board.