38-115. CLOSED SEASON FOR FIRES — PERMITS — REGULATIONS — EXTENSION OF CLOSED SEASON — SUSPENSION OF PERMITS — PENALTY. The period from May 10 to October 20, inclusive, of each year shall be known as the closed season. During the closed season it shall be unlawful for any person to set or cause to be set a fire in any slashing area, or a fire to any stump or stumps, log or logs, down or standing timber or to set or cause to be set, a fire on any forest or range lands or dangerously near thereto, or in any field in any forest protective district, without having first procured a permit from the fire warden of the district, provided, that unless campfires have been prohibited during critical hazard periods, campfires may be set without permit provided there is compliance with the provisions of section 38-116, Idaho Code. Every permit shall prescribe the conditions upon which the permit is given, and contain rules and regulations governing the setting of fires and the prevention of the spread thereof to the property of another. At no time shall any fire be set when the wind is blowing to such an extent as to cause danger of the fire getting beyond the control of the person responsible for setting it, or without sufficient men, tools, supplies and firefighting equipment to control it, and the fire shall be kept under the control of the person responsible for setting it until it is out. The state board of land commissioners shall from time to time make all necessary rules and regulations governing the setting of fires on forest lands for both the closed and open season, and for their proper control and extinguishment. It shall be the duty of the director of the department of lands to prepare the proper form of permit to be used in carrying out the provisions of this section. The fire wardens shall at all times have authority to refuse permits and/or to revoke the same and to postpone their use when issued, when they shall deem it necessary so to do in the interest of public safety. Any permits obtained by misrepresentation shall be invalid.
In seasons, localities and under conditions of unusual fire danger, the director, with the advice of the fire warden of any protective district, shall have the power to extend the period of closed fire season in any district of the aforementioned districts to meet the particular fire hazard of each district, and when the safety of the public requires, change the closed season in any district by fixing inclusive dates other than those herein designated; close to entry therein by any person or party, the forest and range lands in any section of the state wherein a critical fire hazard exists, and may restrict or suspend travel on any road or trail leading into any such land, until a permit shall have secured from the fire warden of the forest protective district wherein such lands are situated, and may also, without proclamation, suspend any and all permits or privileges authorized by this section and prohibit the setting of any campfires, and/or fire in forest and range land or dangerously near to such, or in fields in any forest protective district.
Any violation of the provisions of this section shall be deemed a misdemeanor.
History:
[38-115, added 1972, ch. 401, sec. 2, p. 1164; am. 1974, ch. 17, sec. 7, p. 308.]
Structure Idaho Code
Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS
Chapter 1 - IDAHO FORESTRY ACT
Section 38-102 - DUTIES OF DIRECTOR OF DEPARTMENT OF LANDS.
Section 38-104 - COOPERATION WITH OTHER AGENCIES — RESTRICTIONS.
Section 38-104A - NONPROFIT TIMBER PROTECTIVE ASSOCIATIONS — RESTRICTIONS ON LIABILITY.
Section 38-104B - NONPROFIT RANGELAND FIRE PROTECTION ASSOCIATIONS.
Section 38-105 - STATE FOREST AND RANGE LANDS — APPLICATION OF CHAPTERS.
Section 38-106 - HEARING OF AGGRIEVED LANDOWNER.
Section 38-107 - UNCONTROLLED FIRES A NUISANCE — ABATEMENT — CIVIL LIABILITY.
Section 38-108 - PROTECTION BY WOODWORKING AND WOOD PRODUCT PLANTS.
Section 38-109 - PENALTY FOR VIOLATION — INJUNCTION — SUSPENSION OF RESTRICTIONS.
Section 38-110 - FOREST PROTECTIVE DISTRICTS — FIRE WARDENS.
Section 38-111 - PROTECTION BY OWNER — ASSESSMENTS — BUDGET OF PROTECTIVE DISTRICTS.
Section 38-112 - CHARGES A LIEN — METHOD OF COLLECTION.
Section 38-113 - PURCHASER OF FOREST PRODUCTS RESPONSIBLE FOR PROTECTION — LIENS.
Section 38-114 - STATE TO PAY PRO RATA FOR FIRE PROTECTION — DEFICIENCY WARRANTS.
Section 38-116 - CAMPFIRES — ACTS PROHIBITED — PENALTY.
Section 38-117 - THROWING AWAY LIGHTED MATERIAL — PENALTY.
Section 38-118 - DUTY OF RAILROADS — PENALTIES.
Section 38-119 - NOTIFICATION OF FIRES BY RAILROAD EMPLOYEES — PENALTY.
Section 38-120 - INSTRUCTION TO EMPLOYEES OF RAILROADS.
Section 38-121 - OPERATION OF ENGINES WITHOUT ADEQUATE PROTECTION — PENALTY — INJUNCTION.
Section 38-124 - PRECAUTIONS IN DISPOSAL OF SLASH — SEPARATE OFFENSES — PENALTY.
Section 38-126 - INTERFERENCE WITH PROTECTIVE AGENCIES — PENALTY.
Section 38-127 - DESTRUCTION OF SIGNS AND WARNINGS — PENALTIES.
Section 38-128 - DUTIES OF PROSECUTING ATTORNEYS AND ATTORNEY GENERAL.
Section 38-129 - FOREST PROTECTION FUND — CUSTODY, SOURCES AND APPROPRIATION — DISBURSEMENT.
Section 38-130 - DISPOSITION OF FINES.
Section 38-131 - DEFICIENCY WARRANTS FOR EXCESS COSTS OF FIRE SUPPRESSION.
Section 38-131A - DEFICIENCY WARRANTS FOR COSTS OF FIRE SUPPRESSION ON STATE-OWNED RANGE LANDS.
Section 38-132 - REGULATIONS OF THE BOARD — PENALTY FOR VIOLATION.
Section 38-133 - OFFICERS CHARGED WITH ENFORCEMENT.
Section 38-134 - FOREST PRACTICES ACT ADMINISTRATION — FUNDING.