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88.22.1(b)

Statute ID: 16106

Statute Function ID: 34203

Forestry - Wild Fire Prevention - Burn During Burning Ban

In Effect

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Classifications

Offense Level:

Petty Misdemeanor (PM)

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:

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:

Yes

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

88.22.1(b)

Enactment Date:

Jun 1, 2016

Effective Date:

Jul 1, 2016

Expiration Date:

Repealed?:

Summary Text:

Forestry - Wild Fire Prevention - Burn During Burning Ban

Statute ID:

16106

Created:

Jun 22, 2016 by mnjis.legal.analyst@state.mn.us

Updated:

Jun 22, 2016 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amended 2016 c 189 art 3 sec 29; effective 07/01/2016; amendment to (b)

Summary Text:

Forestry - Wild Fire Prevention - Burn During Burning Ban

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/88/22.html

Legislative Session:

2016 - Regular

Session Law Text?:

Statute text last updated on:

Jun 22, 2016

(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.