Title Minnesota Statutes, Minnesota Statutes

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

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, …

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 o…

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…

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 controll…

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…

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 …

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 n…

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 …

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 e…

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…

88.14 DISPOSAL OF SLASHINGS AND DEBRIS. § Subdivision 1.Order to dispose. Where and whenever in the judgment of the commissioner or any forest officer there is or may be danger of starting and spreading of wildfires from slashings and debris from the cutting of timber of any kind…

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…

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…

88.17 PERMISSION TO START FIRES; PROSECUTION FOR UNLAWFULLY STARTING FIRES. § Subdivision 1.Permission required. (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 t…

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, chemica…

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 …

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 g…

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 necessar…

88.21 RAILROADS; DUTIES; PENALTIES. § Subdivision 1.Written report of inspection. On having reason to believe that a certain locomotive caused a fire the commissioner may require the railroad company to forward to the commissioner at once a written report covering the inspection …

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 pres…

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…

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 ab…

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 owni…

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 …

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 int…

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…

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…

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 damage…

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…

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 dam…

88.38 CONTRACTS FOR IMPROVEMENTS; DUTIES OF COUNTY AUDITOR; SEEDING OF CLEARED LANDS. Within ten days after the filing in the office of the auditor of the order of the county board establishing and ordering any improvement under the provisions of sections 88.28 to 88.46, the audi…

88.39 WORK OF IMPROVEMENT; DUTIES OF ENGINEERS; PAYMENTS TO CONTRACTORS. It shall be the duty of the engineer from time to time as occasion may require to visit the premises and examine the work performed by the contractor and when and as often as ten percent or more of the work …

88.40 BOND ISSUES TO PAY FOR IMPROVEMENTS. The county board of each county wherein any improvement is ordered constructed under the provisions of sections 88.28 to 88.46 is hereby authorized to issue the bonds of the county in such amount as may be necessary to defray, in whole o…

88.41 COUNTY AUDITORS; TABULAR STATEMENTS; POWERS AND DUTIES. At as early a date as possible after letting the contract or contracts under any improvement authorized by sections 88.28 to 88.46, and as soon as the cost of the improvement and expenses connected therewith can be asc…

88.42 IMPROVEMENTS BY TOWNS AND CITIES; LIMITATION OF INDEBTEDNESS. All towns and cities are hereby authorized and empowered to contract debts and pledge the public credit for, and to engage in, any work reasonably tending to prevent or abate forest fires; provided, that the amou…

88.43 FIREBREAKS; CLEARING LANDS. § Subdivision 1.Distance. The governing body of any town or city may construct and continuously maintain good and sufficient firebreaks for the protection of life and property within such municipality. For such purposes any city may completely cl…

88.44 ACQUIRING PROPERTY. § Subdivision 1.Certificate of indebtedness; bond issues; tax levies. For any of the purposes authorized in sections 88.28 to 88.46 and within the limits therein fixed, any county, town, or city may borrow money and issue bonds for the payment thereof, w…

88.45 MUNICIPALITIES TO COOPERATE. Counties doing anything under sections 88.28 to 88.46 shall act by and through county boards; towns, by and through town boards; and cities, by and through their councils or other governing bodies. It shall be the duty of all such municipalities…

88.46 LAWS APPLICABLE. Where in sections 88.28 to 88.46 it is provided that any section or provision of General Statutes 1913 or 1923, or any session laws or general laws, shall be deemed applicable in sections 88.28 to 88.46 for any purpose, the sections and provisions of these …

88.49 CONTRACTS. § Subdivision 1. [Repealed, 1Sp2015 c 4 art 4 s 150] § Subd. 2. [Repealed, 1Sp2015 c 4 art 4 s 150] § Subd. 3.Contract runs with land. All the provisions of a recorded contract for an auxiliary forest are deemed covenants running with the land from the date of th…

88.491 EXPIRED CONTRACTS. § Subdivision 1. [Repealed, 1Sp2015 c 4 art 4 s 150] § Subd. 2.Effect of expired contract. When auxiliary forest contracts expire, or prior to expiration by mutual agreement between the landowner and the appropriate county office, the lands previously co…

88.50 TAXATION. Every auxiliary forest in this state must be taxed according to sections 88.49 to 88.53 and not otherwise. Except as expressly permitted by sections 88.49 to 88.53, no auxiliary forest shall be taxed for, or directly or indirectly made to contribute to, or become …

88.51 AUXILIARY FORESTS; TAX RATE, SPECIAL TAXES. § Subdivision 1.Annual tax. (a) From and after the filing of the contract creating any tract of land an auxiliary forest under sections 88.49 to 88.53 and hereafter upon any tract heretofore created as an auxiliary forest, the sur…

88.52 CUTTING TIMBER; TAXATION. § Subdivision 1.Yield tax; when to be paid. The merchantable timber shall either be cut, or the yield tax hereinbefore mentioned shall be paid upon its value as standing timber, at the expiration of the period fixed in the contract for the duration…

88.523 AUXILIARY FOREST CONTRACTS; SUPPLEMENTAL AGREEMENTS. Upon application of the owner, any auxiliary forest contract may be made subject to any provisions of law enacted subsequent to the execution of the contract and in force at the time of application, so far as not already…