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, chemically treated materials, or other materials which produce excessive or noxious smoke including, but not limited to, tires, railroad ties, chemically treated lumber, composite shingles, tar paper, insulation, composition board, sheetrock, wiring, paint, or paint filters. The commissioner may allow burning of prohibited materials when the commissioner of health or the community health board has made a determination that the burning is necessary to abate a public health nuisance. Except as specifically authorized by the commissioner of the Pollution Control Agency as an emergency response to an oil spill, no person shall conduct, cause, or permit open burning of oil.
Subd. 3. Hazardous wastes. No person shall conduct, cause, or permit open burning of hazardous waste as defined in section 116.06, subdivision 11, and applicable commissioner's rules.
Subd. 4. Industrial solid waste. (a) No person shall conduct, cause, or permit open burning of solid waste generated from an industrial or manufacturing process or from a service or commercial structure.
(b) The commissioner may allow open burning of raw untreated wood if the commissioner determines that reuse, recycling, or land disposal is not a feasible or prudent alternative.
Subd. 5. Demolition debris. No person shall conduct, cause, or permit open burning of burnable building material generated from demolition of commercial or institutional structures. A farm building is not a commercial structure.
Subd. 6. Salvage operations. No person shall conduct, cause, or permit salvage operations by open burning.
Subd. 7. Motor vehicles. No person shall conduct, cause, or permit the processing of motor vehicles by open burning.
Subd. 8. Garbage. (a) No person shall conduct, cause, or permit open burning of discarded material resulting from the handling, processing, storage, preparation, serving, or consumption of food, unless specifically allowed under section 17.135.
(b) A county may allow a resident to conduct open burning of material described in paragraph (a) that is generated from the resident's household if the county board by resolution determines that regularly scheduled pickup of the material is not reasonably available to the resident.
Subd. 9. Burning ban. No person shall conduct, cause, or permit open burning during a burning ban put into effect by a local authority, county, or a state department or agency.
Subd. 10. Smoldering fires. Fires must not be allowed to smolder with no flame present, except when conducted for the purpose of managing forests, prairies, or wildlife habitats.
1993 c 328 s 27; 1995 c 240 art 2 s 1; 1996 c 295 s 1,2; 2015 c 21 art 1 s 109
Structure Minnesota Statutes
Chapter 88 — Division Of Forestry
Section 88.02 — Citation; Wildfire Act.
Section 88.04 — Firebreaks; Preventing Fires.
Section 88.041 — Agreements To Prevent And Suppress Wildfires.
Section 88.05 — Roadsides; Clearing; Firebreaks.
Section 88.06 — Removing Dead Or Down Timber.
Section 88.065 — Equipment Furnished.
Section 88.067 — Grants To Local Fire Departments.
Section 88.068 — Volunteer Fire Assistance Grant Account.
Section 88.08 — Wildfire Protection Districts.
Section 88.09 — Acquiring Land For Fire Protection.
Section 88.10 — Authority Of State Forest Officers.
Section 88.11 — Assistance For Fighting Fires.
Section 88.12 — Compensating Wildfire Fighters; Emergency Expenses.
Section 88.14 — Disposal Of Slashings And Debris.
Section 88.16 — Starting And Reporting Fires.
Section 88.17 — Permission To Start Fires; Prosecution For Unlawfully Starting Fires.
Section 88.171 — Open Burning Prohibitions.
Section 88.20 — Railroad Companies To Provide Patrol Officers.
Section 88.21 — Railroads; Duties; Penalties.
Section 88.22 — Wildfire Prevention; Restrictions And Penalties.
Section 88.28 — Law Divided Into Parts.
Section 88.29 — County Boards; Jurisdiction, Powers.
Section 88.30 — Clearing And Improving Lands.
Section 88.31 — Surveys And Plats.
Section 88.32 — Appraisers; Assessing Benefits And Damages; Statements And Reports.
Section 88.33 — Hearings; Notice; Service; Date; Adjournments.
Section 88.34 — Hearing On Petition; Elimination Of Lands.
Section 88.35 — Rereference Of Petition.
Section 88.36 — Order For Improvements.
Section 88.37 — Appeals From Orders For Improvements.
Section 88.38 — Contracts For Improvements; Duties Of County Auditor; Seeding Of Cleared Lands.
Section 88.39 — Work Of Improvement; Duties Of Engineers; Payments To Contractors.
Section 88.40 — Bond Issues To Pay For Improvements.
Section 88.41 — County Auditors; Tabular Statements; Powers And Duties.
Section 88.42 — Improvements By Towns And Cities; Limitation Of Indebtedness.
Section 88.43 — Firebreaks; Clearing Lands.
Section 88.44 — Acquiring Property.
Section 88.45 — Municipalities To Cooperate.
Section 88.46 — Laws Applicable.
Section 88.491 — Expired Contracts.
Section 88.51 — Auxiliary Forests; Tax Rate, Special Taxes.
Section 88.52 — Cutting Timber; Taxation.
Section 88.523 — Auxiliary Forest Contracts; Supplemental Agreements.
Section 88.53 — Disposal After Land Ceases To Be Auxiliary Forest; Rules.
Section 88.642 — Decorative Materials.
Section 88.6435 — Decorative Materials; Buyers.
Section 88.647 — Relation To Existing Laws.
Section 88.648 — Criminal Penalties; Misdemeanor.
Section 88.73 — Administration; Delegated Powers And Duties.
Section 88.75 — Violations; Penalties.
Section 88.77 — Disposition Of Fines And Penalties.
Section 88.79 — State Forest Service To Private Owners.
Section 88.80 — Aspen Recycling Program.