Chapter 88 — Wildfire Act

18.432 This section has been repealed. 18.433 This section has been repealed. 18.434 This section has been repealed. 18.435 This section has been repealed. 84A.31 State Reforestation Projects Authorizes the state to acquire land for reforestation, forest fire prevention, and wildlife habitat projects. 84A.32 Department to Manage Projects The DNR manages state reforestation projects and may adopt rules, sell timber, and allow certain uses of the land. 84A.33 County Auditors to Certify Tax-delinquent Lands County auditors must report tax-delinquent lands within reforestation projects to the state for potential state … 84A.34 This section has been repealed. 84A.35 This section has been repealed. 84A.36 Lands to Be Held by State Land acquired by the state in reforestation projects is held free from local tax claims and used for forestry purposes. 84A.37 Commissioner of Management and Budget to Certify List to Department The state budget commissioner sends lists of reforestation project lands to the DNR for classification by use. 84A.38 Department to Accept Gifts The DNR may accept gifts of land, money, or property for use in state reforestation projects. 84A.39 Eminent Domain The DNR may use eminent domain or purchase private land needed for state reforestation projects. 84A.40 County May Assume Bonds Counties may voluntarily pay off school district and town bond debt for areas absorbed into state reforestation … 88.01 Definitions Defines key terms used in the forestry chapter, including division, commissioner, forest officer, and wildfire. 88.02 Citation; Wildfire Act Sections 88.02 to 88.22 are called the Wildfire Act. 88.03 Codification The Wildfire Act replaces and updates earlier forestry and wildfire laws that existed before 1925. 88.04 Firebreaks; Preventing Fires The DNR works with highway and local officials to build firebreaks along roads and section lines to stop wildfires. 88.041 Agreements to Prevent and Suppress Wildfires The DNR commissioner may make agreements with other states and Canadian provinces to jointly prevent and fight … 88.05 Roadsides; Clearing; Firebreaks All roads and trails in wildfire areas are official firebreaks, and the state may clear brush and debris along them. 88.06 Removing Dead or Down Timber The DNR may allow relief agencies to remove dead or down timber from state trust fund lands within state forests. 88.063 This section has been repealed. 88.065 Equipment Furnished The DNR commissioner may buy and provide disaster relief equipment to local governments in Minnesota. 88.067 Grants to Local Fire Departments The DNR may give grants to local fire departments for wildfire suppression equipment and training. 88.068 Volunteer Fire Assistance Grant Account Creates a special account funded by sales tax for grants to volunteer fire departments for wildfire equipment. 88.07 This section has been repealed. 88.08 Wildfire Protection Districts The DNR commissioner may create wildfire protection districts covering both state and private land where wildfires are … 88.09 Acquiring Land for Fire Protection The DNR may accept or buy land, up to 40 acres, for fire lookout towers, stations, and communication sites. 88.10 Authority of State Forest Officers State forest officers prevent and fight wildfires, enforce fire laws, and may arrest violators without a warrant. 88.11 Assistance for Fighting Fires Forest officers may hire firefighters and call on any adult to help fight wildfires in an emergency. 88.12 Compensating Wildfire Fighters; Emergency Expenses The DNR sets pay for temporary wildfire fighters and may authorize emergency spending for fire suppression. 88.13 This section has been repealed. 88.14 Disposal of Slashings and Debris The DNR may order landowners to clean up logging debris and brush that creates wildfire danger. 88.15 Campfires It is illegal to leave a campfire burning unattended, and open fires require a permit in most forest areas. 88.16 Starting and Reporting Fires Starting an open fire in a wildfire area requires written permission from the DNR or a fire warden. 88.17 Permission to Start Fires; Prosecution for Unlawfully Starting Fires The DNR issues burn permits with specific conditions, and anyone who starts a fire that escapes is liable for damages. 88.171 Open Burning Prohibitions Bans open burning of rubber, plastics, and other materials that produce heavy smoke or toxic fumes. 88.18 Fire Wardens The DNR may appoint local officials, fire chiefs, and other responsible people as fire wardens in their areas. 88.19 This section has been repealed. 88.195 Penalties Penalties for fire-related offenses range from misdemeanors for uncontrolled fires to felonies for fires causing death. 88.20 Railroad Companies to Provide Patrol Officers Railroad companies must provide fire patrol officers to follow trains through areas where locomotives may start fires. 88.21 Railroads; Duties; Penalties Railroads must report locomotive inspections after fires, maintain firebreaks along tracks, and may be fined for … 88.22 Wildfire Prevention; Restrictions and Penalties The DNR may close roads, ban campfires, and restrict entry to wildfire areas during high fire danger. 88.23 This section cross-references section 18.432. 88.24 This section cross-references section 18.433. 88.25 This section cross-references section 18.434. 88.26 This section cross-references section 18.435. 88.27 This section has been repealed. 88.28 Law Divided Into Parts Divides the forest fire prevention law into three parts: county powers, town and city powers, and general provisions. 88.29 County Boards; Jurisdiction, Powers Grants county boards the power to prevent and control forest fires within their counties. 88.30 Clearing and Improving Lands Before a county can order land-clearing improvements for fire prevention, landowners must file a petition with the … 88.31 Surveys and Plats After a fire prevention petition is filed, the county board hires an engineer to survey the land and plan improvements. 88.32 Appraisers; Assessing Benefits and Damages; Statements and Reports The county board appoints three appraisers to figure out how much each property benefits from or is damaged by fire … 88.33 Hearings; Notice; Service; Date; Adjournments The county auditor sets a hearing date and notifies landowners before the county board decides on fire prevention … 88.34 Hearing on Petition; Elimination of Lands At the hearing, the county board decides whether to approve the fire prevention improvements after reviewing all … 88.35 Rereference of Petition If the county board finds that the appraisers made unfair assessments, it can send the petition back for new estimates. 88.36 Order for Improvements If the county board approves fire prevention improvements, it issues an order and the county auditor begins the … 88.37 Appeals From Orders for Improvements Landowners can appeal county board orders about fire prevention improvements to district court. 88.38 Contracts for Improvements; Duties of County Auditor; Seeding of Cleared Lands The county auditor advertises for bids on fire prevention work and awards contracts to the lowest responsible bidder. 88.39 Work of Improvement; Duties of Engineers; Payments to Contractors Engineers inspect fire prevention work in progress and certify payments to contractors as milestones are reached. 88.40 Bond Issues to Pay for Improvements Counties may issue bonds to pay for fire prevention improvements ordered under this law. 88.41 County Auditors; Tabular Statements; Powers and Duties County auditors track costs and spread assessments for fire prevention improvements across benefited properties over up … 88.42 Improvements by Towns and Cities; Limitation of Indebtedness Towns and cities may spend money and go into debt for work that helps prevent or stop forest fires. 88.43 Firebreaks; Clearing Lands Towns and cities may build firebreaks and clear land of brush and debris within a half mile of buildings. 88.44 Acquiring Property Counties, towns, and cities may borrow money, issue bonds, and levy taxes to pay for fire prevention projects. 88.45 Municipalities to Cooperate Counties, towns, and cities must cooperate with each other and with the state on fire prevention efforts. 88.46 Laws Applicable General laws referenced in the fire prevention sections apply as written, adapted to fit the forestry context. 88.47 This section has been repealed. 88.48 This section has been repealed. 88.49 Contracts Auxiliary forest contracts run with the land and bind all future owners to the contract terms. 88.491 Expired Contracts When auxiliary forest contracts expire, the land loses its special tax status and returns to normal property taxation. 88.50 Taxation Auxiliary forests are taxed only under the special rules in sections 88.49 to 88.53, not under regular property tax law. 88.51 Auxiliary Forests; Tax Rate, Special Taxes Auxiliary forest land pays a reduced annual tax and a yield tax when timber is harvested. 88.52 Cutting Timber; Taxation When timber in an auxiliary forest is ready to cut, the owner pays a yield tax based on the timber's value. 88.523 Auxiliary Forest Contracts; Supplemental Agreements Owners of auxiliary forests can update their contracts to include newer laws by agreement with the county board and the … 88.53 Disposal After Land Ceases to Be Auxiliary Forest; Rules When land stops being an auxiliary forest, owners have five years to sell or repurpose the land. 88.54 This section cross-references section 84A.31 on state reforestation projects. 88.55 This section cross-references section 84A.32 on department management of projects. 88.56 This section cross-references section 84A.33 on tax-delinquent lands. 88.57 This section cross-references section 84A.34. 88.58 This section cross-references section 84A.35. 88.59 This section cross-references section 84A.36. 88.60 This section cross-references section 84A.37. 88.61 This section cross-references section 84A.38. 88.62 This section cross-references section 84A.39. 88.63 This section cross-references section 84A.40. 88.64 This section has been repealed. 88.641 Definitions Defines terms for the decorative forest materials law, including decorative trees, boughs, and greens. 88.642 Decorative Materials You need written consent from the landowner to harvest decorative trees, boughs, or other forest materials for sale. 88.643 This section has been repealed. 88.6435 Decorative Materials; Buyers Buyers of decorative forest materials must have a state license and keep records of all purchases. 88.644 This section has been repealed. 88.645 Enforcement Courts may issue search warrants to find decorative materials taken in violation of the law. 88.646 This section has been repealed. 88.647 Relation to Existing Laws The decorative materials law adds to but does not replace existing laws on the same subject. 88.648 Criminal Penalties; Misdemeanor Making false statements on decorative materials forms is a misdemeanor. Larger thefts are gross misdemeanors or … 88.649 This section has been repealed. 88.65 This section has been repealed. 88.651 This section cross-references section 90.50. 88.652 This section cross-references section 90.50, subdivision 5. 88.66 This section has been repealed. 88.67 This section has been repealed. 88.68 This section has been repealed. 88.69 This section has been repealed. 88.70 This section has been repealed. 88.71 This section has been repealed. 88.72 This section has been repealed. 88.73 Administration; Delegated Powers and Duties The forestry division director enforces the Wildfire Act and may make rules to carry out its purposes. 88.74 This section has been repealed. 88.75 Violations; Penalties Violating the Wildfire Act is a misdemeanor if no specific penalty is listed. Landowners are also liable for fire … 88.76 Rewards The forestry director may pay up to $1,000 as a reward for information leading to conviction of wildfire law violators. 88.77 Disposition of Fines and Penalties Fines collected for Wildfire Act violations go to the county treasury where the offense occurred. 88.78 Appeals Anyone appealing a Wildfire Act conviction must post bond or cash bail equal to double the fine and costs. 88.79 State Forest Service to Private Owners The DNR provides free forestry advice and management services to private landowners with 1,000 acres or less of forest. 88.795 This section has been repealed. 88.80 Aspen Recycling Program The DNR runs an aspen recycling program to clear dying or diseased trees from state lands and replant them. 88.81 Forest Management Practices in Litigation The DNR cannot change forest management practices as part of lawsuit settlements without first reporting to the … 88.82 Minnesota Releaf Program Creates the Minnesota ReLeaf program to promote tree planting, forest restoration, and community forest health across … 90.50 This section has been repealed.