USA Minnesota

USA Statutes : minnesota
Title : FORESTRY
Chapter : Division of forestry
88.01 Definitions.
Subdivision 1. Terms. For the purposes of chapter 88, the
terms defined in this section have the meanings given them.
Subd. 2. Division. "Division" or "the division" means the
Division of Forestry in the Department of Natural Resources.
Subd. 3. Commissioner. "Commissioner" means commissioner of
natural resources. Subd. 4. Person. "Person" includes
any natural person acting either personally or in any representative
capacity, a corporation, a firm, a copartnership, or an association
of any nature or kind. Subd. 5. Timber. "Timber" means
and includes trees, saplings, bushes, seedlings, and sprouts from
which trees may grow, of every size, nature, kind and description.Subd. 6. Wildfire areas. Every county now or hereafter
having within its boundaries any tract or area of 1,000, or more,
contiguous acres of trees, brush, grasslands, or other vegetative
material where the potential for wildfire exists, is hereby declared
to be a wildfire area. Subd. 7. Forest land. "Forest
land" means land which is at least ten percent stocked by trees of
any size and capable of producing timber, or of exerting an influence
on the climate or on the water regime; land from which the trees
described above have been removed to less than ten percent stocking
and which has not been developed for other use; and afforested areas.Subd. 8. Backfire. "Backfire" means a fire intentionally
started ahead of, or in the path of, an approaching wildfire for the
purpose of burning back toward the wildfire so that when the two
fires meet both will die for lack of fuel. Subd. 9. Repealed,
1955 c 699 s 2 Subd. 10. Repealed, 1955 c 699 s 2 Subd. 11.
Repealed, 1955 c 699 s 2 Subd. 12. Repealed, 1955 c 699 s 2
Subd. 13. Repealed, 1955 c 699 s 2 Subd. 14. County board
and town board. "County board" means the board of county
commissioners; and "town board" means the board of town supervisors.Subd. 15. Improvement. "Improvement" includes any act or
thing done, or which may be done, and any construction made or
structure erected or which may be made or erected, and any removal
from any land of trees, brush, stumps, or other debris, which
reasonably tend to prevent or abate wildfires. Subd. 16.
Forest. "Forest" means a plant association predominantly of trees
and other woody vegetation occupying an extensive area of land.
Subd. 17. Auxiliary forest. "Auxiliary forest" is used in
relation to state forest, and includes any privately owned tract of
land, including roads and camp or work sites, set apart for, and
chiefly devoted to, the production of timber or forest products under
the restrictions, and subject to the provisions, of sections 88.47
to 88.53.Subd. 18. Forest products. "Forest products" means and
includes all products derived from timber. Subd. 19.
Merchantable timber. "Merchantable timber" means a tree or stand
of trees which may be disposed of at a profit through conversion to a
salable product. Subd. 20. Owner. "Owner" includes the
person owning the fee title to any tract of land, but does not
include an owner of timber thereon or of minerals or any other thing
therein when such ownership is separate from the ownership of the
surface. Subd. 21. County recorder. "County recorder"
includes the county recorder of the county in which the land referred
to is located, or the registrar of titles in case the title to the
land has been registered. Subd. 22. Forest officer.
"Forest officer" means an employee of the Natural Resources
Department designated by the commissioner. Subd. 23. Open
fire; open burning. "Open fire" or "open burning" means a fire
burning in matter, whether concentrated or dispersed, which is not
contained within a fully enclosed firebox, structure or vehicle and
from which the products of combustion are emitted directly to the
open atmosphere without passing through a stack, duct or chimney.Subd. 24. Wildfire. "Wildfire" means a fire requiring
suppression action, burning any forest, brush, grassland, cropland,
or any other vegetative material. Subd. 25. Campfire.
"Campfire" means a fire set for cooking, warming, or ceremonial
purposes, which is not more than three feet in diameter by three feet
high, and has had the ground five feet from the base of the fire
cleared of all combustible material. Subd. 26.
Snow-covered. "Snow-covered" means that the ground has a
continuous, unbroken cover of snow, to a depth of three inches or
more, surrounding the immediate area of the fire sufficient to keep
the fire from spreading.
88.02 Citation, Wildfire Act. Sections 88.02 to 88.22
may be cited as the Wildfire Act.
88.03 Codification.
Sections 88.03 to 88.22
shall be deemed and construed as a codification, revision, and
expansion of, and as supplementary to, and taking the place of, the
laws which existed at the time of the passage of Laws 1925, chapter
407, relating to forestry and to wildfires, including Laws 1911,
chapter 125, and acts amendatory thereof and supplemental thereto;
Laws 1913, chapter 159; Laws 1915, chapter 325; Extra Session Laws
1919, chapters 32 and 33, but without abridging or destroying any
rights, obligations, liabilities, or penalties from, or under, any of
such laws prior to the taking effect of Laws 1925, chapter 407.
Sections 88.03 to 88.22
shall apply to all the wildfire areas of this state. In any civil or
criminal prosecution action commenced under sections 88.03 to 88.22,
or proceeding thereunder, it shall not be necessary to prove that any
county is included in a wildfire area, but the contrary may be proven
by any party to such action or proceeding.
88.04 Firebreaks; prevention of fires. Subdivision 1. Local cooperation. The
commissioner shall cooperate with the state highway authorities and
with the supervising officers of the various towns and cities in the
construction of firebreaks along section lines and public highways.Subd. 2. Firebreak authorization. All cities in the
state situated in any wildfire area are hereby authorized to clear
off all combustible material and debris and create at least two good
and sufficient firebreaks of not less than ten feet in width each,
which shall completely encircle such municipalities at a distance of
not less than 20 rods apart, between which backfires may be set or a
stand made to fight wildfires in cases of emergency. Subd. 3.Local responsibility; tax. All towns and cities shall take
necessary precautions to prevent the starting and spreading of
wildfires and to extinguish them. They may levy a tax annually on
all taxable property in the city or town. The tax when collected
shall be known as the fire fund and kept separate from all other
funds and used only to pay all necessary and incidental expenses
incurred in enforcing the provisions of sections 88.03
to 88.22.
Up to $500 shall be expended in any one year from any such fire fund
for the support of any municipal fire department. No municipality
shall make any levy for its fire fund at any time when the fund
contains $5,000 or more, including cash on hand and uncollected taxes
that are not delinquent. Subd. 4. General supervision.
In all towns constituted within any of the wildfire protection
districts which may be established by the commissioner, the
respective town and city officers and employees shall cooperate with,
and be under the general supervision and direction of, the
commissioner.
88.041 Wildfire prevention and suppression agreements. The commissioner may enter into
agreements with other states, the Canadian or provincial governments
to cooperatively prevent and suppress wildfires.
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, rotting logs,
stumps, and all other combustible refuse and debris along each side
of these highways, roads, and trails for a distance of 200 feet on
each side from the center thereof, all of this material to be burned
or disposed of under the supervision of a forest officer in such
manner as not to injure the growing timber. All dead and usable
timber taken out of these roadsides shall be piled for the immediate
removal thereof by the owners of the land from which the same was
removed.
88.06 Dead or down timber; removal. 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 of state trust fund lands within the boundaries of any
state forest to clean up and remove all dead or down timber,
underbrush, rotting logs, stumps, and all other combustible refuse
and debris which is deemed to be a fire hazard, or the removal of any
trees in forest stand improvement and cultural operations which is
advisable in the interest of good forest management; and to use so
much of these cuttings for firewood and other forest development
needs while these camps are thus actively engaged in the improvement
and care of these forests.
88.063 Repealed, 1994 c 578 s 2
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 therefor,
and may transport, repair, and renovate natural disaster relief
materials and equipment for governmental subdivisions of the state.
The commissioner may use any funds available for the purchase of
natural disaster relief equipment or for its repair, transportation,
and renovation under federal grants, if permitted by the terms
thereof, or under state appropriations, unless otherwise expressly
provided. Except as otherwise authorized or permitted by federal or
state laws or regulations, the governmental subdivision receiving any
such materials or services shall reimburse the state for the cost.
All moneys received in reimbursement shall be credited to the fund
from which the purchase, transportation, repair, or renovation was
made, and are hereby reappropriated annually and shall be available
for the same purpose as the original appropriation. As used in this
section, "natural disaster relief" includes wildfire prevention or
suppression, hazardous material discharge control or clean-up, and
flood or windstorm relief.
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
controlling wildfires. The commissioner may require a local match
for any grant. Fire suppression equipment may include, but is not
limited to, fire suppression tools and equipment, protective
clothing, dry hydrants, communications equipment, and conversion of
vehicles to wildfire suppression vehicles. Training shall be
provided to the extent practicable in coordination with other public
agencies with training and educational responsibilities.
88.07 Repealed, 1967 c 146 s 16
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
such wildfire districts heretofore established and now in existence
are hereby continued until and unless hereafter abolished by the
commissioner.
88.09 Fire protection, lands, acquisition. 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
necessary or convenient for the use of the state as locations for
fire lookout towers, warehouses, or other buildings of any kind, or
as locations for firebreaks, or for other use which the commissioner
may deem suitable. Subd. 2. Purchase, lease, or
condemnation. The commissioner may on behalf of the state, where
no suitable state lands are available, purchase, lease or acquire
easements on small tracts or parcels of lands, not exceeding 40 acres
in area, to be used as locations for fire lookout towers, warehouses,
or other buildings of any kind, or as locations for firebreaks, or
for any other use which the commissioner may deem suitable; also
acquire by condemnation any tract of land, not exceeding 40 acres,
for these purposes; also acquire, by gift, purchase, or condemnation,
any easement or right-of-way that may be necessary to provide access
to any tract of land so acquired.
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 by the
commissioner. They may arrest without warrant any person found
violating any provisions of sections 88.03
to 88.22,
take the person before a court of competent jurisdiction in the
county charging the person so arrested, and the person so charged
shall be arraigned and given a hearing on the complaint. The forest
officers shall not be liable in civil action for trespass committed
in the discharge of their duties. All authorized state forest
officers, fire wardens, conservation officers, smoke chasers, fire
supervisors or individuals legally employed as firefighters, may in
the performance of their duties of fire fighting go onto the property
of any person, company, or corporation and in so doing may set
backfires, dig or plow trenches, cut timber for clearing fire lines,
dig water holes, remove fence wires to provide access to the fire or
carry on all other customary activities necessary for the fighting of
wildfires without incurring a liability to anyone, except for damages
arising out of willful or gross negligence. Subd. 2. Arrest
authority. Any forest officer may serve any warrant for the
arrest of any person violating any provision of sections 88.03
to 88.22.

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
equipment. The commissioner, or any forest officer, may summon any
person of the age of 18 years and upward to assist in stopping any
fire burning in the district under the care of such state employee
and may incur any other necessary and reasonable expense for this
purpose, but shall promptly report the matter to the next superior
officer or other state employee over the forest officer. Subd.
2. Failure to assist; penalty; commandeered property. Any
able-bodied person so summoned who refuses or neglects or otherwise
fails to assist in extinguishing such fire or who fails to make all
reasonable efforts to that end, until released by the summoning state
employee, shall be guilty of a misdemeanor. The forest officer shall
have power to commandeer, for the time being, equipment, tools,
appliances, or other property in the possession of any person either
summoned to assist in extinguishing the fire or in the vicinity
thereof, and to use, and to require the persons summoned to use, the
commandeered property in the fighting and extinguishing of the fire.
The owner of any property so commandeered shall be promptly paid just
compensation for the use thereof and all damages done to the
commandeered property while in this use by the forest officer from
any money available for these expenses under sections 88.03
to 88.22.

88.12 Compensation of fighters of wildfires; 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 and paid as provided by law. Such compensation
shall not exceed the maximum rate for comparable labor established as
provided by law or rules, but shall not be subject to any minimum
rate so established. The commissioner is authorized to draw and
expend from money appropriated for the purposes of sections 88.03
to 88.22
a reasonable sum and through forest officers or other authorized
agent be used in paying emergency expenses, including just
compensation for services rendered by persons summoned and for
private property used, damaged, or appropriated under sections 88.03
to 88.22.
The commissioner of finance is authorized to draw a warrant for this
sum when duly approved by the commissioner. The commissioner or
agent in charge shall take proper subvouchers or receipts from all
persons to whom these moneys are paid, and after these subvouchers
have been approved they shall be filed with the commissioner of
finance. Authorized funds as herein provided at any time shall be
deposited, subject to withdrawal or disbursement by check or
otherwise for the purposes herein prescribed, in a bank authorized
and bonded to receive state deposits; and the bond of this bank to
the state shall cover and include this deposit. Subd. 2.
Contracts for services for forestry or wildfire prevention work;
commissions to persons employed. The commissioner is hereby
authorized and empowered to contract for or accept the services of
any and all persons whose aid is available, temporarily or otherwise,
in forestry or wildfire prevention work, either gratuitously or for
compensation not in excess of the limits provided by law with respect
to the employment of labor by the commissioner. At the request of
another emergency response agency, trained forestry wildfire fighting
resources may be used to support search and rescue operations. The
commissioner may issue a commission, or other written evidence of
authority, to any such person whose services are so arranged for; and
may thereby empower such person to act, temporarily or otherwise, as
fire warden, or in any other capacity, with such powers and duties as
may be specified in the commission or other written evidence of
authority, but not in excess of the powers conferred by law on forest
officers.
88.13 Repealed, 1987 c 109 s 13
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 and for
any purpose, or from any accumulation of sawdust, shavings, chips,
bark, edgings, slabs, or other combustible refuse from the
manufacture of lumber or other timber products the commissioner, or
forest officer, shall order the person by or for whom the timber or
timber products have been or are being cut or manufactured to dispose
of such slashings, debris, or refuse as the state employee may
direct. Where conditions do not permit the burning of the slashings,
debris, or refuse over the entire area so covered, the commissioner
may require such person to dispose of the same in such a way as to
establish a safe fire line around the area requiring such protection,
the fire line to be of a width and character satisfactory to the
commissioner, or otherwise to dispose of the same so as to eliminate
the wildfires hazard therefrom. Subd. 2. Penalty. When
any person who has been directed by the commissioner, or forest
officers to dispose of such slashings, debris, or refuse fails to
comply with these directions the person shall be deemed guilty of a
misdemeanor. Subd. 3. Entry to dispose; lien. When any
such slashings, debris, or refuse are not disposed of or are left
unattended for a period exceeding 30 days, contrary to the
instructions of the commissioner, or forest officer, the
commissioner, or any forest officer or fire warden, may go upon the
premises with as many workers as may be necessary and burn or
otherwise dispose of the same and the expense thereof shall be a lien
upon the land on which they are situated and upon all contiguous
lands of the same owner, and also upon all logs and other timber
products cut or manufactured upon all these lands. This lien shall
have the same effect and may be enforced in the same manner as a
judgment in favor of the state for money. An itemized statement
verified by the oath of the commissioner, or forest officer, of the
amount of the costs and expenses incurred in burning or otherwise
disposing of these slashings, debris, or refuse shall be recorded,
within 90 days from the time the disposal thereof is completed, in
the office of the county recorder, or, if the property is registered,
in the office of the registrar of titles of the county in which the
timber or timber products were cut or manufactured; and the amount of
the lien shall be a valid claim that may be collected in a civil
action from the person who cut or manufactured the wood, timber, or
timber products from which the slashings, debris, or refuse were
produced. Any moneys so collected shall be paid into the state
treasury and credited to the general fund. Subd. 4.
Disposal requirement; roadbed or right-of-way. Any person who
cuts or fells trees or bushes of any kind in clearing land for any
roadbed or right-of-way for any railroad, highway, or trail shall, in
the manner and at the time as above prescribed, properly dispose of
all combustible material. Subd. 5. Fire prohibition.
Any person who cuts or fells trees or bushes of any kind in clearing
land for any purpose is hereby prohibited from setting fire to any
slashings, brush, roots, or excavated stumps or other combustible
material on such land and letting the fire run; but the same must be
disposed of pursuant to the rules or directions of the commissioner.Subd. 6. Public road contractor. Any contractor who
enters into a contract for the construction of a public road or other
work, which involves the cutting or grubbing of woods, standing
timber, or brush, shall properly dispose of such slashings and debris
without damage to adjoining timber or woods. The foregoing
provisions shall not prevent the leaving of such trees along roads as
will be useful for ornamental and shade purposes and which will not
interfere with travel. Subd. 7. Contract terms. Every
contract made by or on behalf of any municipality or political
subdivision of this state which involves the cutting of any timber on
the right-of-way of a public highway shall provide in terms for
compliance with the foregoing provisions, but the failure to include
this provision in the contract shall not relieve the contractor from
the duty to dispose of these slashings. Subd. 8. Disposal
requirement; forest land. In all cases not herein provided for,
where timber is cut in, upon, or adjoining any forest land and no
specific directions are given by the commissioner, or forest officer,
for the disposal of slashings and debris resulting therefrom, all
such slashings and debris within 200 feet of any adjoining timber
land or any public highway, railroad, portage, or lake shore, shall
be properly disposed of by the person by or for whom the timber was
cut. Subd. 9. Prohibited deposits. No sawdust,
shavings, chips, bark, edgings, slabs, or other combustible refuse
that the commissioner or an agent of the commissioner determines to
be a wildfire hazard shall be made or deposited upon any public
highway, portage, railroad, or lake shore, or within 100 feet
thereof.
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 the campfire burning. Subd. 2. Not to be left
burning. Every person who starts a campfire shall exercise every
reasonable precaution to prevent the campfire from spreading and
shall before lighting the campfire clear the ground of all
combustible material within a radius of five feet from the base of
the campfire. The person lighting the campfire shall remain with the
campfire at all times and shall before leaving the site completely
extinguish the campfire.
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 warden. Subd. 2. Exceptions. No permit
is required for the following fires: (a) A fire started when the
ground is snow-covered. (b) A campfire. (c) A fire
contained in a charcoal grill, camp stove, or other device designed
for the purpose of cooking or heating. (d) A fire to burn dried
vegetative materials and other materials allowed by Minnesota
statutes or official state rules and regulations in a burner of a
design which has been approved by the commissioner and with which
there is no combustible material within five feet of the base of the
burner and is in use only between the hours of 6:00 p.m. and 8:00
a.m. of the following day, when the ground is not snow-covered.
Subd. 3. Report of fire; penalty. The occupant of any
property upon which any unauthorized fire is burning, whether the
fire was started by the occupant or otherwise, shall promptly report
the fire to the nearest forestry office, fire department, or other
proper authority. Failure to make this report shall be a misdemeanor
and the occupant of the premises shall be deemed prima facie guilty
of negligence if the unreported fire spreads from the property or
causes damage, loss, or injury to another person, that person's
property, or the state.
88.17 Permission to start fires; prosecution for unlawfully starting fires.
Subdivision 1. Permit required. (a) A permit 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 the
commissioner or the commissioner's agent. This permission shall be
in the form of: (1) a written permit issued by a forest officer,
fire warden, or other person authorized by the commissioner; or
(2) an electronic permit issued by the commissioner, an agent
authorized by the commissioner, or an Internet site authorized by the
commissioner. (b) Burning permits shall set the time and
conditions by which the fire may be started and burned. The permit
shall also specifically list the materials that may be burned. The
permittee must have the permit on their person and shall produce the
permit for inspection when requested to do so by a forest officer,
conservation officer, or other peace officer. The permittee shall
remain with the fire at all times and before leaving the site shall
completely extinguish the fire. A person shall not start or cause a
fire to be started on any land that is not owned or under their legal
control without the written permission of the owner, lessee, or an
agent of the owner or lessee of the land. Violating or exceeding the
permit conditions shall constitute a misdemeanor and shall be cause
for the permit to be revoked. Subd. 2. Repealed, 1993 c 328 s 32Subd. 3. Special permits. The following special permits
are required at all times, including when the ground is snow-covered:(a) Fire training. A permit to start a fire for the
instruction and training of firefighters, including liquid fuels
training, may be given by the commissioner or agent of the
commissioner. Except for owners or operators conducting fire
training in specialized industrial settings pursuant to applicable
federal, state, or local standards, owners or operators conducting
open burning for the purpose of instruction and training of
firefighters with regard to structures must follow the techniques
described in a document entitled: Structural Burn Training Procedures
for the Minnesota Technical College System. (b) Permanent
tree and brush open burning sites. A permit for the operation of
a permanent tree and brush burning site may be given by the
commissioner or agent of the commissioner. Applicants for a
permanent open burning site permit shall submit a complete
application on a form provided by the commissioner. Existing
permanent tree and brush open burning sites must submit for a permit
within 90 days of the passage of this statute for a burning permit.
New site applications must be submitted at least 90 days before the
date of the proposed operation of the permanent open burning site.
The application must be submitted to the commissioner and must
contain: (1) the name, address, and telephone number of all
owners of the site proposed for use as the permanent open burning
site; (2) if the operator for the proposed permanent open burning
site is different from the owner, the name, address, and telephone
number of the operator; (3) a general description of the
materials to be burned, including the source and estimated quantity;
and (4) a topographic or similarly detailed map of the site and
surrounding area within a one mile circumference showing all
structures that might be affected by the operation of the site.
Only trees, tree trimmings, or brush that cannot be disposed of by an
alternative method such as chipping, composting, or other method
shall be permitted to be burned at a permanent open burning site. A
permanent tree and brush open burning site must be located so as not
to create a nuisance or endanger water quality. Subd. 4.
Account created. There is created in the state treasury a burning
permit account within the natural resources fund where all fees
collected under this section shall be deposited. Subd. 5.
Permit fees. (a) The annual fees for an electronic burning permit
are: (1) $5 for a noncommercial burning permit; and (2) for
commercial enterprises that obtain multiple permits, $5 per permit
for each burning site, up to a maximum of $50 per individual business
enterprise per year. (b) Except for the issuing fee under
paragraph (c), and for the electronic licensing system commission
established by the commissioner under section 84.027,
subdivision 15, money received from permits issued under this section
shall be deposited in the state treasury and credited to the burning
permit account and is annually appropriated to the commissioner of
natural resources for the costs of operating the burning permit
system. (c) Of the fee amount collected under paragraph (a), $1
shall be retained by the permit agent as a commission for issuing
electronic permits. (d) Fire wardens who issue written permits
may charge a fee of up to $1 for each permit issued, to be retained
by the fire warden as a commission for issuing the permit. This
paragraph does not limit a local government unit from charging an
administrative fee for issuing open burning permits within its
jurisdiction.
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, 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 local board of health 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.
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.
88.19 Repealed, 1993 c 328 s 32
88.195 Penalties.
Subdivision 1. Failure to extinguish a 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
guilty of a misdemeanor. Subd. 2. Failure to control a
permit fire. Any person who has a burning permit and fails to
keep the permitted fire contained within the area described on the
burning permit or who fails to keep the fire restricted to the
materials specifically listed on the burning permit is guilty of a
misdemeanor. Subd. 3. Careless or negligent fires. Any
person who carelessly or negligently starts a fire that endangers or
causes damage to the property of another person or the state is
guilty of a misdemeanor. Subd. 4. Careless or negligent
acts. Any person who participates in an act involving careless or
negligent use of motor vehicles, other internal combustion engines,
firearms with tracers or combustible wads, fireworks, smoking
materials, electric fences, torches, flares, or other burning or
smoldering substances whereby a fire is started and is not
immediately extinguished before the fire endangers or causes damage
to the property of another person or the state is guilty of a
misdemeanor. Subd. 5. Internal combustion engines. Any
person who operates a vehicle in a wildfire area when the ground is
not snow-covered with an open exhaust cutout, without a muffler,
without a catalytic converter if required, or without a spark
arrestor on the exhaust pipe; or any person who operates a tractor,
chainsaw, or other internal combustion engine not equipped to prevent
fires is guilty of a misdemeanor.
88.20 Railroad companies to provide patrol officers. 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 necessary
equipment to follow each train throughout such fire patrol district
or districts as the commissioner deems necessary to prevent fires.
When the commissioner has so notified a railroad company to provide
such a patrol after trains, the railroad company shall immediately
comply with the requirements of this notice throughout the territory
designated; and, upon its failure so to do, the commissioner may
employ patrol officers with the necessary equipment to patrol the
rights-of-way of the railroad, and the expense shall be charged to
the railroad company and may be recovered in a civil action in the
name of the state of Minnesota; and in addition thereto the company
shall be guilty of a misdemeanor. All money so recovered shall be
paid into the state treasury and credited to the appropriation from
which expenses were paid. The commissioner may prescribe such
other measures as are considered by the commissioner to be essential
for the immediate control of fire. It is made the duty of any
railroad company, acting independently of the commissioner, to patrol
its right-of-way after the passage of each train when necessary to
prevent the spread of fires and to use the highest degree of
diligence to prevent the setting and spread of fire, to cause the
extinguishment of fires set by locomotives or found existing upon
their respective rights-of-way.
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 of the fire-protective appliances of such locomotive made
next after the occurrence of the fire. Such written report shall be
copied from the inspection book required to be kept by the railroad
company under subdivision 6. Subd. 2. Cleared
right-of-ways; reporting fires; fire prevention. All railroad
companies operating railroads within this state shall keep their
right-of-way cleared of all combustible material and safely dispose
of same within limits of their right-of-way, as the commissioner may
direct. This section shall not be construed to prevent or
prohibit any railroad company from piling or keeping upon the
right-of-way cross ties or other material necessary in the operation
or maintenance of such railroad. No railroad company or its
employees shall leave a deposit of fire or live coals or hot ashes in
the immediate vicinity of forest lands or lands likely to be overrun
by fires, and whenever engineers, conductors, or train workers
discover untended fires along the right-of-way, or in woodlands
adjacent to the railroad, they shall report the same promptly by the
most expeditious means available to the nearest station at which an
operator is on duty, or to the first available section crew. In
season of drought, railroad companies shall give particular
instruction to their employees for the prevention and prompt
extinguishment of fires, and they shall cause warning signs furnished
by the commissioner of natural resources to be posted at their
stations, and where a fire occurs along the line of the road, they
shall concentrate such help and adopt such measures as shall be
available to effectively extinguish it. Subd. 3.
Experimental devices. The commissioner of natural resources may
permit the railroad to use devices and appliances for experimental
purposes only by written permission during such limited periods and
upon such terms and conditions as the commissioner may prescribe;
this written permission shall be subject to revocation by the
commissioner at any time, and such experimental devices or appliances
shall not be permanently adopted unless authorized by law. Subd.
4. Spark arresters. Except when the ground is covered with
snow, no steam or internal combustion engine shall be operated in the
vicinity of forest, brush, peat, or grass lands, unless and until the
same is provided with a practical and efficient spark arrester device
or its equivalent. The railroad company or other owners of such
engine shall be held responsible for the good condition of spark
arresters. Subd. 5. Inspection. Any locomotive
inspector appointed by the commissioner is authorized to inspect any
locomotive operated in the vicinity of forest, brush, peat, or grass
lands, and to enter upon any property for such purpose when the
inspector may deem it necessary in order to see that all the
provisions of law relating to the subject matter are duly complied
with. The inspector shall have access to the records of every person
operating a railroad for any purpose, and authority to make copies
thereof, showing the locations and movements of all locomotive
engines within this state, and is authorized to use such methods as
the inspector may deem advisable in making up records and
substantiating the inspector's findings. Subd. 6. Record
keeping. A record shall be kept of all examinations required by
this section, in a book to be furnished, by every person operating a
railroad for any purpose, showing: (1) The place and number of
each engine inspected; (2) The date and hour of day of such
inspection; (3) A detailed statement, signed by the employee
making the same, of any and all repairs, replacements, or renewals
made at any time on, or in connection with, spark arresters. The
book shall always be open for inspection by the commissioner or other
authorized officer appointed by the commissioner. A record of all
examinations required by this section which is contained in official
inspection records of a railroad company, when such records are
regularly required by other governmental authority, may constitute a
proper record of examinations required by this section in the
discretion of the commissioner. Subd. 7. Penalty. Any
failure of the railroad company and its employees to comply with this
section shall be a misdemeanor; and in addition thereto the railroad
company shall be liable for all expenses and damages directly and
proximately caused by or resulting from such failure of duty. The
provisions of this section shall not relieve anyone from any duty or
liability under any other law. Subd. 8. Written report of
fire. Any person operating a railroad for any purpose shall make
written report to the commissioner, in such form as the commissioner
may prescribe, covering each fire in the open on or adjacent to the
right-of-way of the railroad, within one week after the occurrence of
the fire, unless such time shall be extended by written permission of
the commissioner; provided, that the provisions of this subdivision
shall not be construed to relieve any person from the duty of
reporting such fire as required by any other law.
88.22 Wildfire prevention; prohibitions, banning; 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 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, 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 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. Subd. 2.
Dumping ban. The commissioner may close any public or private
dumping area, by posting such area as closed to dumping, whenever the
commissioner deems it necessary for the prevention of wildfires.
Thereafter no person shall deposit refuse of any kind within or
adjacent to such closed area, or along the road leading thereto.
The commissioner shall establish such minimum standards governing
public and private dumping areas as the commissioner deems necessary
for the prevention of wildfires. Subd. 3. Penalty. Any
violations of this section is a misdemeanor.
88.23 Renumbered 18.432
88.24 Renumbered 18.433
88.25 Renumbered 18.434
88.26 Renumbered 18.435
88.27 Repealed, 2005 c 146 s 52
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 and to towns and cities.

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 abatement of forest fires and the
clearing and improvement of land by the removal from such land of
trees, brush, stumps, and all other similar substances which
contribute to the danger of forest fires; including the power to make
any given area of improvement under sections 88.28
to 88.46
impervious to fire by any means now known or hereafter invented or
discovered.
88.30 Clearing and improvement of 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 owning land in the county,
which land shall be described in the petition. The petition shall
describe each tract of land, of which any portion is to be improved,
by 40-acre tracts or by number of lots as designated under government
survey; specify the number of acres of each tract that it is proposed
to improve, which shall be not less than five, nor more than 20,
acres in each 40-acre tract and a proportionate amount in smaller
subdivisions; and set forth the nature of the title of the
petitioners to each particular tract, in general terms, specifying
whether the land is held by the petitioners as owners or under
contract, and if the latter, with whom, and the balance remaining
unpaid of the purchase price. The lands described in the petition
must be situated in the same locality or part of the county, but not
more than 40 acres in any quarter-section owned by the same
petitioner shall be improved under sections 88.28
to 88.46
except by unanimous consent of the members of the county board. The
petition shall further set forth a general description of the
proposed improvement. Upon the filing of the petition, duly
verified, with the auditor of the county, together with a bond by the
petitioners, or by one or more of them, or some one in their behalf,
with sufficient security, in a sum of not less than $500, conditioned
to hold the county harmless from all expense in the event the
improvement petitioned for is not granted, the auditor shall
designate the proceeding as "County Land Improvement No.
................," and in all subsequent proceedings in relation
thereto the same may be designated and referred to by such title and
number. Any petition heretofore filed under Laws 1921, chapter
155, and any proceedings taken thereunder, may be continued and
completed in conformity with the provisions of sections 88.28
to 88.46,
at the discretion of the county board. No lands shall be so improved
under sections 88.28
to 88.46
except upon petition of the owner or owners thereof.
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 direct the
engineer to proceed to examine the land described in the petition and
make the necessary surveys to enable the engineer to report and file
with the auditor a plat, therein describing each 40-acre tract or
governmental lot covered by the petition and marking thereon the
portion of the land proposed to be cleared and improved. The
engineer shall, as a part of the report, describe the kind of trees,
brush, stumps, or other similar materials or debris located upon the
land and proposed to be removed by the proceedings, together with an
estimate of the cost thereof, and the probable value of the material,
if any, when removed, and shall accompany the report with
specifications as to the manner of performing and completing the
improvement. The engineer shall specifically describe the nature of
the soil of each tract and any other conditions affecting the value,
location, or use of the land. This report shall be in tabulated form
and furnish the county board with an estimate of the cost of the
improvement of each particular tract of land described, which report
by the engineer shall be filed with the auditor within 30 days after
appointment of the engineer, unless for good cause shown further
extension of 30 days is granted by the auditor. This engineer before
entering upon duties shall execute to the county board a bond in the
sum of $1,000, conditioned for the faithful performance of the
duties.
88.32 Appraisers; assessment of 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 interested
in any of the land described in the petition or affected by the
proposed improvement, who, upon the filing of the engineer's report,
or within ten days thereafter, shall be furnished by the auditor with
a copy of the report; and, after taking oath as such appraisers to
faithfully perform their duties in making these appraisals and
report, shall personally visit the several tracts of land and examine
the trees, brush, timber, or similar material thereon to be removed,
and especially examine the nature and quality of the soil and the
benefits or damages resulting or to result from the improvement.
These appraisers within 30 days from the date of their appointment or
from the date of filing the engineer's report, shall make and file in
the office of the auditor a tabulated statement and report, therein
describing each 40-acre tract or governmental lot described in the
petition, reporting the condition thereof and the amount thereof
already cleared or under cultivation; the amount proposed to be
cleared; the value of the land at the time of the appraisal; the
value after the completion of the improvement; and the aggregate
benefits or damages that will result to each 40-acre tract or
governmental lot in consequence of the improvement; and shall, by
their report, show the total cost of the improvement and the total
benefits or damages that will result therefrom, together with any
other facts affecting the value or use of the land or the
advisability of the proposed improvement.
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 by
giving notice, as required by law therefor, which hearing shall be
not less than 30 days from the date of the notice. The notice shall
specify the time and place for the hearing upon the petition and the
reports of the engineer and the appraisers, and shall notify and
require all parties in any manner interested to show cause before the
county board, at the time and place specified in the notice, why an
order should not be made confirming the reports of the engineer and
the appraisers and ordering and directing that the improvement
petitioned for be made, and fixing and determining the amount and
extent of the improvement and the amount and value of the benefits or
damages resulting to any land in consequence of the improvement.
This notice shall contain the names of the owners of the land as
shown in the petition, together with a description of the land by
40-acre tracts or governmental lots, the amount of the estimated
benefits and damages to each tract or parcel, and state that the
engineer's and the appraisers' reports have been filed in the office
of the auditor subject to inspection by any parties interested.
Copies of this notice shall be mailed by the auditor to all parties
named in the petition, if their addresses are known to the auditor,
at least 15 days prior to the date of the hearing. This notice shall
also be served by publication for three successive weeks in any legal
newspaper published in the county, which newspaper shall be
designated by the auditor. In all cases in which for any cause the
notice shall not be given or is legally defective, as given, the
auditor shall fix another date for hearing in accordance with
sections 88.28
to 88.46,
so that the hearing upon the petition and the engineer's and the
appraisers' reports may be held at the earliest possible date, at
either a special or a regular meeting of the county board. When any
final order of the county board in any case shall have been set
aside, annulled, or declared void by any court by reason of failure
to give proper notice of the hearing, the county board may, at any
time within one year after the rendering of such judgment, upon
application of the petitioners, order a special hearing before it
upon the petition and the reports; and, thereupon the auditor shall
cause a new and proper notice to be published and mailed, as
hereinbefore specified, for rehearing upon the petition and these
reports. At the rehearing the county board may proceed as in cases
of original hearing. Any hearing may be adjourned from day to
day until completed.
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 all
parties in any manner interested therein, as named or described in
the petition and in the engineer's and the appraisers' reports. The
county board may, at the time and place specified in the notice,
receive all evidence offered relative to matters contained in the
petition and these reports, including the amount of benefits and
damages reported by the appraisers; and the county board shall have
authority to amend or modify these reports, and may amend or permit
the amendment of the petition to conform to any requirements of the
statute, and may order stricken therefrom, and from the reports of
the engineer and the appraisers, any land found by the county board
not suitable for the required purposes or for other reasons not
suitably adapted to the improvement. The elimination of any such
land or the names of any such petitioners or the withdrawal thereof
shall not in any manner affect the jurisdiction of the county board;
but the original petitioners, at any time before the date of hearing,
may cause the dismissal of the proceedings upon the payment of all
costs and expenses.
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 damages,
or for any reason the estimates of benefits or damages, as reported
by the appraisers, are not fair and just, or are not in the proper
proportion, or that the engineer's report is incorrect or for any
reason not according to facts, it may refer back to the appraisers
and to the engineer, or to either of them, their reports for
correction and amendment; or, at the hearing, it may order them
amended to conform to the facts and, upon the amendments being made,
the amended reports shall be treated as the final reports of the
engineer or the appraisers, as the case may be.
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 will be of public
benefit and aid in preventing or abating forest fires, it may order
such improvements to be made in accordance with the petition and
these reports. This order shall fix and determine the rights of all
persons connected with or affected by the proposed improvements,
subject to the right of appeal, as provided in section 88.37.

88.37 Appeals from orders for improvements. 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 damages allowed
in which such person so appealing is interested; or (3) The
refusal of the county board to establish or order the improvement to
be made. The appeal shall be made and taken to the district
court in and for the county, under the conditions and in the manner
provided by law for like appeals in county ditch proceedings,
particular reference being made to General Statutes 1923, Section
6687, and the appeal shall be determined with like effect as provided
therein.
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 auditor shall give notice of a time and place for receiving bids
for the making of the improvement in accordance with the provisions
of General Statutes 1923, section 6689, and the provisions of that
section, so far as applicable, shall govern the receiving of bids and
the letting of contracts for the making of the improvement. The
auditor may let separate contracts for each separate tract upon which
any part of the improvement is to be made, or may let one contract
for the whole thereof, or for the clearing of land on the whole or on
any number of such tracts. The contract shall specifically provide
for the removal of the trees, brush, stumps, and other similar
material located on the tracts of land covered by the contract, and
shall specify what disposition shall be made of all such clearing
debris in accordance with the direction of the county board. The
county board may order and require that the contract shall contain
provisions for the burning or destruction of all such debris or
materials, or for the removal thereof, or for the use of that
material where use can be made thereof. Where the material removed
from any tract of land can be utilized for any purposes that will
result in advantage to the owner of the land, the county board in the
contract may provide for making such use of the trees or other
products, and the assessments against such tract of land shall be
lessened accordingly. To prevent the return of the land to its wild
state and the consequent danger of forest fires, the county board may
require that the land so cleared shall be seeded to grasses and
clover, when it appears that the owner does not contemplate cropping
the land so cleared at the next planting season following the
completion of the clearing thereof.
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
is completed the engineer may issue a certificate to the contractor
and a duplicate to the county auditor, therein certifying the amount
of work that has been done by the contractor and the value thereof.
Upon the filing by the contractor of such certificate with the county
auditor, the auditor may draw a warrant in favor of the contractor
for a sum not to exceed 75 percent of the contract price of the work
done since the last report. When the contractor shall have notified
the engineer of the completion of the work, the engineer shall make
careful examination and report findings of fact to the county
auditor; and, on finding the contract to be completed in accordance
with the terms thereof, the engineer shall so certify. Thereupon the
county auditor shall notify the owners of the land that a hearing
will be had upon the report of the engineer that the contract is
completed, which hearing shall be held by the county board at the
next meeting following the filing of the report, if not less than 15
days thereafter; otherwise, as soon as possible. At the hearing all
parties interested may appear before the county board; and, if the
county board shall find the contract fully completed, it shall order
payment of the balance owing under the contract.
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 or in part, the expense
incurred or to be incurred in establishment and completion of the
improvement, together with all expenses incidental thereto; and the
provisions of General Statutes 1923, section 6696, shall apply
thereto and the county board is hereby authorized to exercise all the
authority specified in General Statutes 1923, section 6696, in
providing the funds for the completion of any improvement authorized
by the provisions of sections 88.28
to 88.46;
and where the term "drainage ditch" or "drainage bond" appears in
General Statutes 1923, section 6696, the same, for the purposes of
sections 88.28
to 88.46,
shall be construed as reading "improvement" or "land improvement
bond," as the case may be. In the event the bonds authorized under
the terms of sections 88.28
to 88.46
are not sold at advertised sale, the county board may let contracts
as herein provided when the contractor is willing to accept payment
for the contract in bonds at par; provided, that no county may incur
any indebtedness for the purposes of sections 88.28
to 88.46
in excess of five percent of its taxable valuation, exclusive of
money and credits.
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 ascertained, the auditor of the county shall make in
tabular form a list and statement as provided by General Statutes
1923, section 6703, and the cost of making the improvement of each
tract, together with its proportionate share of the total expense,
shall be assessed against such tract, and the provisions of General
Statutes 1923, section 6703, so far as applicable, shall govern the
proceedings under sections 88.28
to 88.46.
The auditor is hereby authorized to exercise all the rights and
authority granted by General Statutes 1923, section 6703, and in all
places where the term "ditch" or "drainage ditch" shall appear
therein, the same, for all purposes of sections 88.28
to 88.46
shall be construed as reading "improvement," and General Statutes
1923, section 6703, used and applied accordingly. The auditor, after
preparing this statement, shall cause a duplicate thereof to be
recorded in the office of the county recorder in and for the county,
as provided in General Statutes 1923, section 6705, and the
provisions thereof shall apply to the proceedings under sections 88.28
to 88.46.
The auditor and county recorder are hereby authorized to exercise the
rights and authority and perform the duties here specified, and the
provisions of General Statutes 1923, sections 6712 and 6713, shall
apply to and govern the proceedings under sections 88.28
to 88.46.
The county auditor, the county treasurer, and the county recorder are
each hereby authorized and required to perform in all proceedings
under sections 88.28
to 88.46
the duties specified in General Statutes 1923, sections 6712 and
6713; and in all cases where the term "ditch" or "ditches" or any
other similar term appears therein, the same, for all purposes of
sections 88.28
to 88.46,
shall be construed as reading "improvement."
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 amount
of the indebtedness so contracted or assumed shall never be such as
to increase the total public indebtedness of any such town or city
beyond the limits now or hereafter fixed by the laws specifically
relating thereto, except in case of actual emergency to be declared
at or subsequent to the time by resolution or other appropriate
action of the town board or city council, or other governing body, as
the case may be. For such emergencies the total public indebtedness
shall never be increased at any time so as to be more than five
percent in excess of the maximum provided by general law.
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 clear
all land and remove all combustible or inflammable materials
therefrom within 1,000 feet next beyond and outside of the boundary
lines of the city whenever and wherever such improvement will
reasonably tend to prevent or abate forest fires. Subd. 2.
Benefits; assessment; lien. If any clearing or other improvement
of land made by any town or city benefits any person, or benefits
some and damages others, then the amount of both such benefits and
damages shall be ascertained in the same manner as provided by law
with respect to damages in condemnation proceedings by right of
eminent domain. All provisions of law relating to the determination
of the amount of damages in condemnation proceedings shall apply to
the determination of the value of benefits under this section, as far
as practicable. Any benefits so found shall be assessed against, and
be a lien upon, the real property so benefited and shall be noted
upon the public records and collected upon the same terms and in
substantially the same manner as now provided by law for the
collection of ditch and drainage assessments pursuant to chapter
103E.
88.44 Acquisition of 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, with the
approval of a majority of the voters, as provided by the general laws
relating to bond issues; may make all necessary, proper, and
convenient provisions for sale of such bonds at not less than par,
for payment of interest thereon at not more than six percent per
annum, and of the principal thereof at maturity, or contingently at
an earlier date; may issue promissory notes or certificates of
indebtedness as far as reasonably necessary to procure funds in case
of emergency not affording time to submit the matter to the voters;
and for such purposes may levy and collect taxes annually upon all
taxable property of such municipalities. As to counties, the powers
conferred by this section shall be deemed supplementary to, but in no
way lessening or detracting from, the powers and authority conferred
by section 88.40.Subd. 2. How acquired. When necessary in the exercise of
the powers and authority conferred by sections 88.28
to 88.46,
any county, town, or city may acquire property or property rights by
gift, by purchase, or by condemnation, in any manner now or hereafter
provided by law.
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 and their
officials and employees to cooperate, as far as possible, with the
director and other employees in the forestry service. In all cases
where forest fires are actually burning the orders and directions of
the director and district rangers shall be binding upon, and must be
obeyed by, all officials and employees of any municipality until the
fires shall have been extinguished.
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 other
laws so incorporated in sections 88.28
to 88.46 by such reference shall include all existing amendments
thereto made prior to the year 1925, but not thereafter. If any such
law so incorporated by reference shall be hereafter repealed, the
same shall nevertheless be and remain a part of sections 88.28
to 88.46, unless the repeal expressly and explicitly provides to the
contrary through direct reference to sections 88.28
to 88.46.
88.47 Auxiliary forests; taxation. Subdivision 1. Created. Any tract of
land in this state containing not less than 35 acres, generally
suitable for the planting, culture, and growth of trees for the
production of timber or forest products may be made an auxiliary
forest, subject to taxation only in accordance with the provisions of
sections 88.47 to 88.53.Subd. 2. Wood lots. Any tract of land in this state
containing not less than five nor more than 40 acres generally
suitable for the planting, culture, and growth of trees for the
production of timber or forest products, being in the nature of wood
lots guarded or protected by the owners or their tenants actually
living on the land or immediately adjacent thereto, may, regardless
of value be made an auxiliary forest, subject to limited and special
taxation only in accordance with the provisions of sections 88.47 to
88.53.Subd. 3. Form and contents of application. The owner of,
the owner of an option to buy, or the owner of a contract to buy any
tract or contiguous tract of land who deems the tract suitable for an
auxiliary forest may make written application to the county board of
the county in which such land is situate, setting forth the
description thereof by governmental subdivisions or other proper
survey, the estimated value per acre thereof, a brief statement of
the facts showing its suitability for production of timber or forest
products, a statement of the kinds of timber growing and proposed to
be grown thereon and the kind and quantity of merchantable timber
thereon, the methods of timber culture proposed to be followed, and a
request that such land be made an auxiliary forest under and subject
to the provisions of sections 88.47 to 88.53.Subd. 4. Verification. The application shall be upon a
form prescribed by the director and shall be verified by the
applicant.
88.48 Application.
Subdivision 1. Filing. Such application shall be filed with
the auditor of the county in which the land described therein is
situate, who shall present the same to the county board at its first
meeting held after the lapse of a period of ten days after such
filing. Subd. 2. Notice. The county auditor shall, upon
receipt of the application and prior to the meeting of the county
board at which it is presented, mail notice to the clerk of the town
in which lies the land therein described. Subd. 3. Hearing,
determination. Upon the presentation to it of the application,
the county board shall consider the same and hear any matter that may
be offered in support of or in opposition to the application. It
shall then determine whether the land covered by the application is
suitable for the planting, culture, and growth of trees for the
production of timber or forest products, the actual or market value
thereof, exclusive of timber thereon and of minerals or anything
under the surface thereof, and the amount of annual tax provided for
in section 88.51,
subdivision 1. Subd. 4. Action of county board. The
county board shall make proper record of its action upon the
application including, if the application be rejected, a written
statement, prepared within 30 days of the date of rejection, covering
the reason or reasons for such rejection. If the application be
rejected, the county auditor shall endorse the rejection on the
application and return it, together with a copy of the written
statement prepared by the county board giving the reason or reasons
for rejection, to the applicant within 30 days by certified mail at
the address given in the application; or, if the application is
disapproved as to a part only of the lands described therein, the
county auditor shall in like manner notify the applicant, who may
within 60 days after the mailing of the notice amend the application
accordingly. If it be not so amended the application shall be deemed
rejected. If the application be accepted, the county auditor
shall in like manner notify the applicant thereof and transmit the
application, with the record of the approval thereof, to the
director. It shall be the duty of the commissioner to approve or
disapprove the application within 90 days from receipt thereof, to
make proper record of the action and to give notice thereof to the
applicant in the manner hereinbefore provided and to the county
board. Subd. 5. Abstract of title. Within 60 days after
the mailing of notice of acceptance by the commissioner, the
applicant shall furnish to the county attorney of the county in which
the lands described in the contract lie an abstract of title to these
lands, or a certificate of title, if the same be registered,
including certificates by the county auditor and county treasurer
that there are no unpaid taxes thereon, and a certificate of judgment
search by the court administrator of the district court. In case of
land conveyed to the applicant by the state of Minnesota under the
provisions of section 282.01,
subdivision 2, or sections 282.011
to 282.015,
the furnishing of the recorded state deed and a certificate of
judgment search to the county attorney in lieu of an abstract of
title shall constitute satisfactory compliance with this subdivision.
The county attorney shall make such examination as may be required by
the commissioner and certify to the director the name of the owner of
the fee title or the holder of a state deed issued pursuant to
Minnesota Statutes, as amended, section 282.01,
subdivision 2, or sections 282.011
to 282.015,
thereto, and the names of all other persons having any liens thereon,
and such other information as may be required by the commissioner.
The applicant shall pay the county attorney a reasonable fee for the
examination, not exceeding $10 for each 640 acres, or fraction
thereof, of contiguous lands included in any one abstract,
certificate of title or state deed.
88.49 Contracts.
Subdivision 1. Execution. When it shall have been determined
that any lands may be made into an auxiliary forest, the commissioner
shall prepare a contract therefor, which contract shall be executed
by the commissioner in behalf of the state of Minnesota and by the
owner of the fee title or the holder of a state deed and by all other
persons having any liens thereon and witnessed and acknowledged as
provided by law for the execution of recordable deeds of conveyance.
Notices sent by certified mail to the owner in fee at the address
given in the application shall be deemed notice to all persons
executing such contract. Subd. 2. Preparation, form,
approval. The contract shall be prepared by the director of the
Division of Lands and Forestry on a recordable form approved by the
attorney general and prescribe such terms and conditions as will
reasonably tend to produce merchantable timber upon the lands
described therein and specify the kind or species of seeds to be
planted or seedlings to be set out and the quantity or number
thereof, or other acts or steps that the commissioner shall deem
necessary in respect to afforestation or reforestation of the lands;
the time or times when the same shall be done; the kind and amount,
if any, of culture or other attention to be given in aid of the
growth of timber thereon; the uses, if any, which may be made of the
land while the same remains an auxiliary forest; the period of time,
not exceeding 50 years, during which the land may continue to be an
auxiliary forest, with privilege of renewal by mutual agreement
between the owner and the state acting through the commissioner, with
the approval of the county board and the Executive Council, for an
additional period not exceeding 50 years; the rate of taxation which
may be levied annually on the land, exclusive of merchantable timber
growing thereon at the time of the making of the contract and
exclusive of mineral or other things of value thereunder, the rate to
be determined as hereinafter provided; the keeping open to the
public, as public hunting and fishing grounds, of all approved
auxiliary forest lands, except when such lands are closed to public
hunting or fishing by order of the director of the Division of Lands
and Forestry in order to protect such lands from fire, loss of life
or property provided, however, that the term keeping open shall not
apply to private roads or improvements should the owner desire to
close same; and such other conditions, provisions, and stipulations,
as the commissioner, in the exercise of scientific knowledge and
business judgment, may deem necessary or proper. Every such contract
shall be approved by the Executive Council. As far as
practicable all contracts shall be uniform and equal in respect to
all lands or classes of lands substantially similar in capacity for,
or adaptability to, any particular kind or species of tree culture or
forest growth. Subd. 3. Recording. The commissioner
shall submit such contract in recordable form to the owner of the
land covered thereby. If the owner shall indicate to the
commissioner an unwillingness to execute the same, or if the owner or
any of the persons having an interest therein or lien thereon fail to
execute it within 60 days from the time of its submission to the
owner, all proceedings relating to the making of this land into an
auxiliary forest shall be at an end. When the contract shall
have been executed it shall forthwith be recorded in the office of
the county recorder at the expense of the owner or, if the title to
the land be registered, with the registrar of titles. At the time
the contract is recorded with the county recorder for record the
owner, at the owner's expense, shall record with the county recorder
a certificate from the county attorney to the effect that no change
in record title thereof has occurred, that no liens or other
encumbrances have been placed thereon, and that no taxes have accrued
thereon since the making of the previous certificate. It shall be
the duty of the county attorney to furnish this certificate without
further compensation. All the provisions of the contract shall
be deemed covenants running with the land from the date of the filing
of the contract for record. Subd. 4. Effect. Upon the
filing of the contract for record the land therein described shall
become and, during the life of the contract, remain and be, an
auxiliary forest entitled to all the benefits and subject to all the
restrictions of sections 88.47
to 88.53,
all of which shall be deemed a part of the obligation of the contract
and shall be inviolate, subject only to the police power of the
state, to the right of eminent domain, and to the right of the
parties thereto by mutual agreement to make applicable to the
contract any laws of the state enacted subsequent to its execution
and filing. This provision shall not be so construed as to prevent
amendatory or supplementary legislation which does not impair these
contract rights of the parties thereto, or as to prevent amendatory
or supplementary legislation in respect of the culture, care, or
management of the lands included in any such contract. Subd. 5.Cancellation. Upon the failure of the owner faithfully to
fulfill and perform such contract or any provision thereof, or any
requirement of sections 88.47
to 88.53,
or any rule adopted by the commissioner thereunder, the commissioner
may cancel the contract in the manner herein provided. The
commissioner shall give to the owner, in the manner prescribed in
section 88.48,
subdivision 4, 60 days' notice of a hearing thereon at which the
owner may appear and show cause, if any, why the contract should not
be canceled. The commissioner shall thereupon determine whether the
contract should be canceled and make an order to that effect. Notice
of the commissioner's determination and the making of the order shall
be given to the owner in the manner provided in section 88.48,
subdivision 4. On determining that the contract should be canceled
and no appeal therefrom be taken, the commissioner shall send notice
thereof to the auditor of the county and to the town clerk of the
town affected and file with the recorder a certified copy of the
order, who shall forthwith note the cancellation upon the record
thereof, and thereupon the land therein described shall cease to be
an auxiliary forest and, together with the timber thereon, become
liable to all taxes and assessments that otherwise would have been
levied against it had it never been an auxiliary forest from the time
of the making of the contract, any provisions of the statutes of
limitation to the contrary notwithstanding, less the amount of taxes
paid under the provisions of section 88.51,
subdivision 1, together with interest on such taxes and assessments
at six percent per annum, but without penalties. The
commissioner may in like manner and with like effect cancel the
contract upon written application of the owner. The commissioner
shall cancel any contract if the owner has made successful
application under sections 290C.01
to 290C.11,
the Sustainable Forest Incentive Act, and has paid to the county
treasurer the difference between the amount which would have been
paid had the land under contract been subject to the Minnesota Tree
Growth Tax Law and the Sustainable Forest Incentive Act from the date
of the recording of the contract and the amount actually paid under
section 88.51,
subdivisions 1 and 2. This tax difference must be calculated based
on the years the lands would have been taxed under the Tree Growth
Tax Law and the Sustainable Forest Incentive Act. The sustainable
forest tax difference is net of the incentive payment of section 290C.07.
If the amount which would have been paid, had the land under contract
been under the Minnesota Tree Growth Tax Law and the Sustainable
Forest Incentive Act from the date of the filing of the contract, is
less than the amount actually paid under the contract, the
cancellation shall be made without further payment by the owner.
When the execution of any contract creating an auxiliary forest shall
have been procured through fraud or deception practiced upon the
county board or the commissioner or any other person or body
representing the state, it may be canceled upon suit brought by the
attorney general at the direction of the commissioner. This
cancellation shall have the same effect as the cancellation of a
contract by the commissioner. Subd. 6. Assessment after
cancellation. For the purpose of levying such taxes, the county
auditor shall, immediately upon receipt of notice of the cancellation
of any contract creating an auxiliary forest, direct the local
assessor to assess the lands within the forest, excluding the value
of merchantable timber and minerals and other things of value taxed
under the provisions of section 88.51,
subdivision 2, as of each of the years during which the lands have
been included within the auxiliary forest. The local assessor shall
forthwith make the assessment and certify the same to the county
auditor. The county auditor shall thereupon levy a tax on the
assessable value of the land as fixed by section 273.13,
for each of the years during which the land has been within an
auxiliary forest, at the rate at which other real estate within the
taxing district was taxed in those years. The tax so assessed and
levied against any land shall be a first and prior lien upon the land
and upon all timber and forest products growing, grown, or cut
thereon and removed therefrom. These taxes shall be enforced in the
same manner as other taxes on real estate are enforced and, in
addition thereto, the lien of the tax on forest products cut or
removed from this land shall be enforced by the seizure and sale of
the forest products. No person shall, after the mailing by the
commissioner, as provided in subdivision 5, of notice of hearing on
the cancellation of a contract making any lands an auxiliary forest,
cut or remove from these lands any timber or forest products growing,
grown, or cut thereon until all taxes levied under this subdivision
shall have been paid, or, in the event such levy shall not have been
completed, until the owner shall have given a bond payable to the
county, with sureties approved by the county auditor, in such amount
as the county auditor shall deem ample for the payment of all taxes
that may be levied thereon under this subdivision, conditioned for
the payment of such taxes. Any person who shall violate any of
the provisions of this subdivision shall be guilty of a felony.
Subd. 7. Appeal. The owner may appeal from any cancellation
order of the commissioner to the district court of the county wherein
the land is situate, by serving notice of appeal on the commissioner
and filing the same with the court administrator of the district
court within 30 days after the date of mailing of notice of such
order. The appeal shall be tried between the state of Minnesota
and the owner by the court as a suit for the rescission of a contract
is tried, and the judgment of the court shall be substituted for the
cancellation order of the commissioner, and shall be final.
Subd. 8. Proceedings in lieu of cancellation. If cause for
the cancellation of any contract shall exist, the commissioner may,
in lieu of canceling such contract, perform the terms and conditions,
other than the payment of taxes, required, by the contract or by law
or by the rules of the commissioner, to be performed by the owner,
and may for that purpose use any available moneys appropriated for
the maintenance of the commissioner's division and any other lawful
means. The commissioner shall, on December 1 each year, certify to
the auditor of each county the amount of moneys thus expended and the
value of services thus rendered in respect of any lands therein since
December 1 of the preceding year. The county auditor shall forthwith
assess and levy the amount shown by this certificate against the
lands described therein. This amount shall bear interest at the rate
of six percent per annum and shall be a lien upon the lands described
therein, and the collection thereof enforced in the same manner as
taxes levied under section 88.52,
subdivision 1; and, if such tax be not sooner paid, it shall be added
to, and the payment thereof enforced with, the yield tax imposed
under section 88.52,
subdivision 2. Subd. 9. Auxiliary forests; withdrawal of
land from. Land needed for other purposes may be withdrawn from
an auxiliary forest as herein provided. A verified application
therefor in a form prescribed by the commissioner of natural
resources may be made by the owner to the county board of the county
in which the land is situated, describing the land and stating the
purpose of withdrawal. Like proceedings shall be had upon the
application as upon an application for the establishment of an
auxiliary forest, except that consideration need be given only to the
questions to be determined as provided in this subdivision. If the
county board shall determine that the land proposed to be withdrawn
is needed and is suitable for the purposes set forth in the
application, and that the remaining land in the auxiliary forest is
suitable and sufficient for the purposes thereof as provided by law,
the board may, in its discretion, grant the application, subject to
the approval of the commissioner. Upon such approval a supplemental
contract evidencing the withdrawal shall be executed, filed, and
recorded or registered as the case may require, in like manner as an
original auxiliary forest contract. Thereupon the land described in
the supplemental contract shall cease to be part of the auxiliary
forest, and, together with the timber thereon, shall be liable to
taxes and assessments in like manner as upon cancellation of an
auxiliary forest contract. Subd. 9a. Land trades with
governmental units. Notwithstanding subdivisions 6 and 9, or
section 88.491,
subdivision 2, if an owner trades land under auxiliary forest
contract for land owned by a governmental unit and the owner agrees
to use the land received in trade from the governmental unit for the
production of forest products, upon resolution of the county board,
no taxes and assessments shall be levied against the land traded,
except that any current or delinquent annual taxes or yield taxes due
on that land while it was under the auxiliary forest provision must
be paid prior to the land exchange. The land received from the
governmental unit in the land trade automatically qualifies for
inclusion in the Sustainable Forest Incentive Act. Subd. 10.Auxiliary forest contracts; consolidation thereof. For the
purpose of the simplification of operations thereunder, two or more
auxiliary forest contracts held by one owner in any county may be
consolidated into a single contract, establishing the initial yield
tax in the consolidated contract to such a percentage of market value
as will represent a reasonable average of the various levels of the
yield taxes payable under the contracts so consolidated at the time
of consolidation, as may be determined by the commissioner with the
approval of the board of county commissioners. The yield tax payable
after consolidation shall be subject to the schedule provided by
section 88.51,
subdivision 2. The period of time of a consolidated contract shall
be the average of the periods remaining of the contracts
consolidated. Consolidation of contracts shall be effected in the
manner a new contract is established as provided in section 88.48,
subdivisions 1, 2, 3, and 4 and subdivisions 1, 2, 3, and 4 of this
section but no consolidation shall be effected without the consent of
both the county board of county commissioners in any county affected
as well as the commissioner of natural resources and no such approval
shall be given if the board or the commissioner shall be of the
opinion the total taxes that have been paid to date under the
separate parcels and are estimated will be paid under the
consolidated contract during the period thereof would be less than
the aggregate total of the taxes that would be paid under the
separate contracts on the parcels sought to be consolidated.
Subd. 11. Auxiliary forests; transfer of title; procedure on
division. The title to the land in an auxiliary forest or any
part thereof is subject to transfer in the same manner as the title
to other real estate, subject to the auxiliary forest contract
therefor and to applicable provisions of law. In case the ownership
of such a forest is divided into two or more parts by any transfer or
transfers of title and the owners of all such parts desire to have
the same made separate auxiliary forests, they may join in a verified
application therefor to the county board of the county in which the
forest is situated in a form prescribed by the commissioner of
natural resources. If the county board determines that each of the
parts into which the forest has been divided is suitable and
sufficient for a separate auxiliary forest as provided by law, it
may, in its discretion, grant the application, subject to the
approval of the commissioner. Upon such approval, the commissioner
shall prepare a new auxiliary forest contract for each part
transferred, with like provisions and for the remainder of the same
term as the prior contract in force for the entire forest at the time
of the transfer, and shall also prepare a modification of such prior
contract, eliminating therefrom the part or parts of the land
transferred but otherwise leaving the remaining land subject to all
the provisions of such contract. The new contract or contracts and
modification of the prior contract shall be executed and otherwise
dealt with in like manner as provided for an original auxiliary
forest contract, but no such instrument shall take effect until all
of them, covering together all parts of the forest existing before
the transfer, have been executed, filed, and recorded or registered,
as the case may require. Upon the taking effect of all such
instruments, the owner of the forest prior to the transfer shall be
divested of all rights and relieved from all liabilities under the
contract then in force with respect to the parts transferred except
such as may have existed or accrued at the time of the taking effect
of such instruments, and thereafter the several tracts into which the
forest has been divided and the respective owners thereof shall be
subject to the new contract or contracts or the modified prior
contract relating thereto, as the case may be, as provided for an
original auxiliary forest contract. The provisions of this
subdivision shall not supersede or affect the application of any
other provision of law to any auxiliary forest which is divided by
transfer of title unless the procedure herein authorized is fully
consummated.
88.491 Restrictions on new auxiliary forests, extensions of existing contracts. Subdivision 1. New or extended auxiliary forest
contracts. After June 30, 1974, no application for an auxiliary
forest contract may be accepted or approved by a county board under
section 88.48,
and no auxiliary forest contract may be executed by the commissioner
of natural resources under section 88.49,
subdivision 1. After June 30, 1974, no extension of an auxiliary
forest contract may be agreed upon by the commissioner of natural
resources or approved by a county board or the Executive Council
under section 88.49,
subdivision 2. Subd. 2. Effect of expired contract.
When auxiliary forest contracts expire, or prior to expiration by
mutual agreement between the land owner and the appropriate county
office, the lands previously covered by an auxiliary forest contract
automatically qualify for inclusion under the provisions of the
Sustainable Forest Incentive Act; provided that when such lands are
included in the Sustainable Forest Incentive Act prior to expiration
of the auxiliary forest contract they will be transferred and a tax
paid as provided in section 88.49,
subdivision 5, upon application and inclusion in the sustainable
forest incentive program. The land owner shall pay taxes in an
amount equal to the difference between: (1) the sum of: (i)
the amount which would have been paid from the date of the recording
of the contract had the land under contract been subject to the
Minnesota Tree Growth Tax Law; plus (ii) beginning with taxes
payable in 2003, the taxes that would have been paid if the land had
been enrolled in the sustainable forest incentive program; and
(2) the amount actually paid under section 88.51,
subdivisions 1 and 2.
88.50 Taxation. Every
auxiliary forest in this state shall be taxed in the manner and to
the extent hereinafter provided and not otherwise. Except as
expressly permitted by sections 88.47
to 88.53,
no auxiliary forest shall be taxed for, or in any manner, directly or
indirectly made to contribute to, or become liable for the payment
of, any tax or assessment, general or special, or any bond,
certificate of indebtedness, or other public obligation of any name
or kind, made, issued, or created subsequent to the filing of the
contract creating the auxiliary forest, provided that temporary
buildings, structures, or other fixtures of whatsoever kind located
upon land within an auxiliary forest shall be valued and assessed as
personal property and classified as class 3 under the general system
of ad valorem taxation. In any proceeding for the making of a
special improvement under the laws of this state by which any
auxiliary forest will be benefited, the owner thereof may subject the
lands therein to assessment therefor in the manner provided by law,
by filing the owner's consent in writing to the making of the
assessment in the tribunal in which the proceeding is pending,
whereupon the lands shall for the purposes of the improvement and
assessment be treated as lands not in an auxiliary forest; but the
lien of any assessment so levied on lands in any auxiliary forest
shall be subject to the provisions of the contract creating the
auxiliary forest and subordinate to the lien of any tax imposed under
the provisions of sections 88.47
to 88.53.

88.51 Auxiliary forests; tax rate, special taxes. Subdivision 1. Annual tax, ten
cents per acre. From and after the filing of the contract
creating any tract of land an auxiliary forest under sections 88.47
to 88.53
and hereafter upon any tract heretofore created as an auxiliary
forest, the surface of the land therein, exclusive of mineral or
anything of value thereunder, shall be taxed annually at the rate of
10 cents per acre. This tax shall be levied and collected and the
payment thereof, with penalties and interest, enforced in the same
manner as other taxes on real estate, and shall be credited to the
funds of the taxing districts affected in the proportion of their
interest in the taxes on this land if it had not been so made an
auxiliary forest; provided, that such tax shall be due in full on or
before May 31, after the levy thereof. Failure to pay when due any
tax so levied shall be cause for cancellation of the contract.
The levy upon the land of the taxes provided for by section 88.49,
subdivision 5, upon the cancellation of a contract, shall discharge
and annul all unpaid taxes levied or assessed thereon. Subd. 2.Merchantable timber taxed separately. Timber which is
merchantable at the time of filing of an auxiliary forest contract or
which may become merchantable thereafter may be cut or otherwise
removed from the land in accordance with applicable provisions of law
and of the auxiliary forest contract, and shall be taxed in the
following manner. The owner shall, in the event the timber is cut or
removed within one year after March 31 following the date of filing
the auxiliary forest contract, pay a special tax thereon, which is
hereby designated as a yield tax, equal to 40 percent of the market
value of the merchantable timber on the stump at the time of the
cutting or removal. The aforesaid yield tax rate shall be reduced by
two percent on each April 1st following until it shall become ten
percent after which it shall remain constant. Minerals, mineral
reservations, or any other thing of value under the surface of the
land in any auxiliary forest shall not be included within the terms
of sections 88.47
to 88.53
and shall be taxed separately in the same manner as mineral interests
or minerals separately owned are taxed. Subd. 3.
Determination of market value. In determining the net tax
capacity of property within any taxing district the value of the
surface of lands within any auxiliary forest therein, as determined
by the county board under the provisions of section 88.48,
subdivision 3, shall, for all purposes except the levying of taxes on
lands within any such forest, be deemed the market value thereof.

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 of the auxiliary forest; or at the expiration of any renewal
of the contract. Subd. 2. Examination, report. When any
timber growing or standing in any auxiliary forest shall have become
suitable for merchantable forest products, the commissioner shall, at
the written request of the owner, a copy of which shall at the time
be filed in the office of the county auditor, make an examination of
the timber and designate for the owner the kind and number of trees
most suitable to be cut if in the judgment of the commissioner there
be any, and the cutting and removal of these trees so designated
shall be in accordance with the instructions of the commissioner.
The commissioner shall inspect the cutting or removal and determine
whether it or the manner of its performance constitute a violation of
the terms of the contract creating the auxiliary forest or of the
laws applicable thereto, or of the instructions of the commissioner
relative to the cutting and removal. Any such violation shall be
ground for cancellation of the contract by the commissioner;
otherwise the contract shall continue in force for the remainder of
the period therein stated, regardless of the cutting and removal.
Within 90 days after the completion of any cutting or removal
operation, the commissioner shall make a report of findings thereon
and transmit copies of such report to the county auditor and the
surveyor general. Subd. 3. Kinds, permit, scale report,
assessment and payment of tax. (a) Upon the filing of the request
of the owner, the director of lands and forestry, with the county
board or the county land commissioner, shall determine within 30 days
the kinds, quantities, and value on the stump of the timber proposed
to be cut. Before the cutting is to begin, the director of lands
and forestry shall file with the county auditor a report showing the
kinds, quantities and value of the timber proposed to be cut or
removed and approved by the director of lands and forestry for
cutting within two years after the date of approval of the report by
the director of lands and forestry. The county auditor shall assess
and levy the estimated yield tax thereon, make proper record of this
assessment and levy in the auditor's office, and notify the owner of
the auxiliary forest of the amount thereof. The owner shall, before
any timber in the forest is cut or removed, give a bond payable to
the state of Minnesota, or in lieu thereof, deposit in cash with the
county treasurer, in the amount required by the report, which shall
be not less than 150 percent of the amount of the levy, conditioned
for the payment of all taxes on the timber to be cut or removed.
Upon receipt of notification from the county auditor that the bond or
cash requirement has been deposited, the director of lands and
forestry will issue a cutting permit in accordance with the report.
The owner shall keep an accurate count or scale of all timber cut.
On or before the fifteenth day of April following issuance of such
cutting permit, and on or before the fifteenth day of April of each
succeeding year in which any merchantable wood products were cut on
auxiliary forest lands prior to the termination of such permit, the
owner of the timber covered by the permit shall file with the
director of lands and forestry a sworn statement, submitted in
duplicate, on a form prepared by the director of lands and forestry,
one copy of which shall be transmitted to the county auditor
specifying the quantity and value of each variety of timber and kind
of product cut during the preceding year ending on March 31, as shown
by the scale or measurement thereof made on the ground as cut,
skidded or loaded as the case may be. If no such scale or
measurement shall have been made on the ground, an estimate thereof
shall be made and such estimate corrected by the first scale or
measurement, made in the due course of business, and such correction
at once filed with the director of lands and forestry who shall
immediately transmit it to the county auditor. On or before the
fifteenth day of May following the filing of the sworn statement
covering the quantity and value of timber cut under an authorized
permit, the auditor shall assess and levy a yield (severance) tax,
according to section 88.51,
subdivision 2, of the timber cut during the year ending on the March
31st preceding the date of assessing and levying this tax. This tax
is payable and must be paid to the county treasurer on or before May
31 next following. Copies of the yield (severance) tax assessment
and of the yield (severance) tax payment shall be filed with the
director of lands and forestry and the county auditor. Except as
otherwise provided, all yield (severance) taxes herein provided for
shall be levied and collected and payment thereof, with penalties and
interest, enforced in the same manner as taxes imposed under the
provisions of section 88.51,
subdivision 1, and shall be credited to the funds of the taxing
districts affected in the proportion of their interests in the taxes
on the land producing the yield (severance) tax. At any time on
deeming it necessary the director of lands and forestry may order an
inspection of any or all cutting areas within an auxiliary forest and
also may require the owner of the auxiliary forest to produce for
inspection by the director of lands and forestry of any or all
cutting records pertaining to timber cutting operations within an
auxiliary forest for the purpose of determining the accuracy of scale
or measurement reports, and if intentional error in scale or
measurement reports is found to exist, shall levy and assess a tax
triple the yield (severance) tax on the stumpage value of the timber
cut in excess of the quantity and value reported. (b) The
following alternative method of assessing and paying annually the
yield tax on an auxiliary forest is to be available to an auxiliary
forest owner upon application and upon approval of the county board
of the county within which the auxiliary forest is located. For
auxiliary forests entered under this subdivision the county auditor
shall assess and levy the yield tax by multiplying the acreage of
each legal description included within the auxiliary forest by the
acre quantity of the annual growth by species, calculated in cords,
or in thousands of feet board measure Minnesota standard log scale
rule, whichever is more reasonably usable, for the major species
found in each type by the from year-to-year appraised stumpage prices
for each of these species, used by the Division of Lands and
Forestry, Department of Natural Resources, in selling trust fund
timber located within the district in which the auxiliary forest is
located. The assessed value of the annual growth of the auxiliary
forest, thus determined, shall be subject to a ten percent of
stumpage value yield tax, payable annually on or before May 31. In
all other respects the assessment, levying and collection of the
yield tax, as provided for in this subdivision shall follow the
procedures specified in clause (a). Forest owners operating
under this subdivision shall be subject to all other provisions of
the auxiliary forest law except such provisions of clause (a) as are
in conflict with this subdivision. Penalties for intentional failure
by the owner to report properly the quantity and value of the annual
growth upon an auxiliary forest entered under this subdivision and
for failure to pay the yield tax when due shall be the same as the
penalties specified in other subdivisions of this law for like
failure to abide by its provisions. To qualify for the
assessment and levying of the yield tax by this method, the owner of
the forest requesting this method of taxation must submit a map or
maps and a tabulation in acres and in quantity of growth by legal
descriptions showing the division of the area covered by the
auxiliary forest for which this method of taxation is requested into
the following forest types, namely: white and Norway pine; jack pine;
aspen-birch; spruce-balsam fir; swamp spruce; tamarack; cedar; upland
hardwoods; lowland hardwoods; upland brush and grass (temporarily
nonproductive); lowland brush (temporarily nonproductive); and
permanently nonproductive (open bogs, stagnant swamps, rock outcrops,
flowage, etc.). Definition of these types and determination of the
average rate or rates of growth (in cords or thousand feet, board
measure, Minnesota standard log scale rule, which ever is more
logically applicable for each of them) shall be made by the director
of the Division of Lands and Forestry, Minnesota Department of
Natural Resources, with the advice and assistance of the land
commissioner of the county in which the auxiliary forest is located;
the director of the United States Forest Service's North Central
Forest Experiment Station; and the director of the School of
Forestry, University of Minnesota. Before the approval of the
application of the owner of an auxiliary forest to have the auxiliary
or proposed auxiliary forest taxed under provisions of this
subdivision is submitted to the county board the distribution between
types of the area as shown on the maps and in the tabulations
submitted by the owner of the auxiliary or proposed auxiliary forest
shall be examined and their accuracy determined by the director of
the Division of Lands and Forestry, Department of Natural Resources,
with the assistance of the county board of the county in which the
auxiliary forest is located. During the life of the auxiliary
forest contract timber cutting operations within the various types
shown upon the type map accepted as a part of the approved auxiliary
forest application shall not bring about a reclassification of the
forest types shown upon that map or those maps until after the
passage of ten years following the termination of said timber cutting
operations and then only upon proof of a change in type. Subd.
4. Hearing, procedure. The owner of any land or timber upon
which a yield tax is assessed and levied as provided in this section
may, within 15 days after mailing of notice of the amount of the tax,
file with the county auditor a demand for hearing thereon before the
county board. The county auditor shall thereupon fix a date of
hearing, which shall be held within 30 days after the filing of the
demand, and mail to the owner notice of the time and place of the
hearing. The owner may appear at the meeting and present evidence
and argument as to the amount of the tax and as to any matter
relating thereto. The county board shall thereupon determine whether
the tax as levied is proper in amount and make its order thereon.
The county auditor shall forthwith mail to the owner a notice of the
order. If the amount of the tax is increased or reduced by the
order, the county auditor shall make a supplemental assessment and
levy thereof, as in this subdivision provided. Subd. 5.
Yield tax, a prior lien. Throughout the life of any such
auxiliary forest the yield tax accruing thereon shall constitute and
be a first and prior lien upon all the merchantable timber and forest
products growing or grown thereon; and, if not paid when due, this
yield tax, together with penalties and interest thereon as otherwise
provided by law and all expenses of collecting same, shall continue
to be a lien upon the timber and forest products and every part and
parcel thereof wherever the same may be or however much changed in
form or otherwise improved until the yield tax is fully paid. Such
lien may be foreclosed and the property subject thereto dealt with by
action in the name of the state, brought by the county attorney at
the request of the county auditor. Subd. 6. Timber held
exempt from yield tax. Timber cut from an auxiliary forest by an
owner and used by the owner for fuel, fencing, or building on land
occupied by the owner which is within or contiguous to the auxiliary
forest where cut shall be exempt from the yield tax, and as to timber
so cut and used the requirements of subdivisions 1 and 2 shall not be
applicable and in lieu thereof the owner shall prior to cutting file
with the county auditor, on a form prepared by the commissioner, a
statement showing the quantity of each kind of forest products
proposed to be cut and the purposes for which the same will be used.

88.523 Auxiliary forest contracts; supplemental agreements. Upon
application of the owner, any auxiliary forest contract heretofore or
hereafter executed 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 applicable, with the
approval of the county board and the commissioner of natural
resources. As evidence thereof a supplemental agreement in a form
prescribed by the commissioner and approved by the attorney general
shall be executed by the commissioner in behalf of the state and by
the owner. Such supplemental agreement shall be filed and recorded
in like manner as the original contract, and shall thereupon take
effect.
88.53 Land held as auxiliary forest; amount, disposal after ceasing to be auxiliary forest. Subdivision 1. Time for disposal. Any
corporation, association, or organization may acquire and hold any
amount of land without restriction and without limit as to acreage or
quantity for the purpose of including same within and holding same as
an auxiliary forest under the provisions of sections 88.47
to 88.53. When the same shall cease to be an auxiliary forest the
owners shall have five years within which to dispose of the land, any
provisions of general law to the contrary notwithstanding. Subd.
2. Rules. The director shall make rules and adopt and
prescribe such forms and procedure as shall be necessary in carrying
out the provisions of sections 88.47
to 88.53; and the director and every county board, county recorder,
registrar of titles, assessor, tax collector, and every other person
in official authority having any duties to perform under or growing
out of sections 88.47
to 88.53 are hereby severally vested with full power and authority to
enforce such rules, employ help and assistance, acquire and use
equipment and supplies, or do any other act or thing reasonably
necessary to the proper performance of duties under or arising from
the administration and enforcement of sections 88.47
to 88.53. It shall be the duty of the director to cause periodic
inspections to be made of all auxiliary forests for the purpose of
determining whether contract and statutory provisions relative
thereto are being complied with. Subd. 3. Application.
Auxiliary forests shall be subject to all applicable provisions of
sections 88.03
to 88.21,
except as expressly provided otherwise in sections 88.47
to 88.53.
88.54 Renumbered 84A.31
88.55 Renumbered 84A.32
88.56 Renumbered 84A.33
88.57 Renumbered 84A.34
88.58 Renumbered 84A.35
88.59 Renumbered 84A.36
88.60 Renumbered 84A.37
88.61 Renumbered 84A.38
88.62 Renumbered 84A.39
88.63 Renumbered 84A.40
88.64 Repealed, 1949 c 546 s 10
88.641 Definitions.
Subdivision 1. Applicability. For the purposes of sections
88.641 to 88.648
the following words, terms and phrases shall have the meanings herein
given, unless otherwise specifically defined, or unless another
intention clearly appears or the context otherwise requires.
Subd. 1a. Decorative boughs. "Decorative boughs" mean
decorative materials that are side branches or slashings that have
been cut from any growing coniferous or deciduous trees, bushes,
saplings, seedlings, or shrubs and that are intended to be sold or
used for decorative purposes. Subd. 1b. Decorative
materials. "Decorative materials" mean forest products that are
collected or harvested from growing coniferous or deciduous trees,
bushes, saplings, seedlings, shrubs, or herbaceous plants, including
the tops, branches, or other parts cut from any of the foregoing,
untrimmed or in their natural condition, intended to be sold or used
for decorative purposes. Nursery stock is not included in this
definition. Subd. 2. Decorative trees. "Decorative
trees" mean decorative materials that are growing coniferous or
deciduous trees, bushes, saplings, seedlings, or shrubs, including
the tops cut from any of the foregoing, untrimmed or in their natural
condition, intended to be sold or used for decorative purposes.
Nursery stock shall not be included in this definition. Subd. 3.
Repealed, 1983 c 133 s 5 Subd. 4. Duplication of the provisions
of subd 3 Subd. 4. Repealed, 1Sp2001 c 2 s 162 Subd. 4a.
Officer. "Officer" means a forest officer, conservation officer,
or other peace officer. Subd. 5. Repealed, 1Sp2001 c 2 s 162
Subd. 6. Written consent. "Written consent" means written
permission, a bill of sale, or a governmental or reservation permit.

88.642 Decorative materials. Subdivision 1. Written consent. No person shall
cut, harvest, remove, transport, or possess for decorative purposes
or for sale more than three decorative trees, more than 100 pounds of
decorative boughs, or more than 100 pounds of any other decorative
materials without the written consent of the owner or authorized
agent of the private or public land on which the decorative materials
were cut or harvested. The written consent shall be on a form
furnished or otherwise approved by the commissioner of natural
resources and shall contain the legal description of the land where
the decorative materials were cut or harvested, as well as the name
of the legal owner of the land or the owner's authorized agent. The
written consent must be carried by every person cutting, harvesting,
removing, possessing, or transporting any decorative materials, or in
any way aiding therein, and must be exhibited to any officer at the
officer's request at any time. Subd. 2. Inspection and
investigation. Any officer shall have power to inspect any
decorative materials when being transported in any vehicle or other
means of conveyance or by common carrier, to make an investigation
with reference thereto as may be necessary to determine whether or
not the provisions of sections 88.641
to 88.648
have been complied with, to stop any vehicle or other means of
conveyance found carrying decorative materials upon any public
highways of this state, for the purpose of making an inspection and
investigation, and to seize and hold subject to the order of the
court any decorative materials found being cut, removed, or
transported in violation of any provision of sections 88.641
to 88.648.
Failure to comply with the requirements of sections 88.641
to 88.648
subjects the decorative materials to seizure and confiscation as
contraband in addition to other penalties provided by law. Subd.
3. Transportation requirements. No person, common carrier,
bough buyer, or authorized agent shall purchase or otherwise receive
for shipment or transportation any decorative materials without
recording the seller's or consignor's name and address and the
written consent on a form furnished or otherwise approved by the
commissioner of natural resources. Subd. 4. No written
consent. Failure to possess or exhibit a written consent shall be
prima facie evidence that no consent was given or exists. Subd.
5. Exceptions. (a) This section does not apply to decorative
materials in the possession of or being transported by a federal,
state, or local government official for a legitimate public purpose.(b) This section does not apply to a person cutting, harvesting,
possessing, or transporting decorative materials cut from the
person's own property if the person produces documentation that the
person owns the property where the decorative materials were cut.

88.643 Repealed, 1983 c 133 s 5
88.6435 Bough buyers.
Subdivision 1. Permits. A person may not buy more than 100
pounds of decorative boughs in any calendar year without a bough
buyer's permit issued by the commissioner of natural resources. The
annual fee for a permit for a resident or nonresident to buy
decorative boughs is $25. The annual fee may be reduced to $10 if
the buyer attends an approved annual workshop or other orientation
session for balsam bough harvesters and buyers. Subd. 2.
Buying and record requirements. (a) When buying or otherwise
receiving decorative boughs, a person permitted under this section
must record: (1) the seller's name and address; (2) the form
of written consent; and (3) the government permit number or legal
description or property tax identification number of the land from
which the boughs were obtained. The information must be provided
on a form furnished or otherwise approved by the commissioner of
natural resources in consultation with the balsam bough industry
groups. (b) Boughs may not be purchased if the seller fails to
exhibit the written consent required under section 88.642,
subdivision 1, or if the boughs do not conform to the standards
specified on the consent. Decorative boughs cut from public lands
must conform to standards specified in the written consent. (c)
Records shall be maintained from July 1 until June 30 of the
following calendar year and shall be open to inspection to an officer
during reasonable hours. (d) Customer name and address records
created and maintained by permittees under this section are
classified as private or nonpublic government data. Subd. 3.Revocation of permits. (a) The commissioner may deny, modify,
suspend, or revoke a permit issued under this section for cause,
including falsification of records required under this section or
violation of any other provision of sections 88.641
to 88.648.(b) A person convicted of two or more violations of sections 88.641
to 88.648
within three years may not obtain a bough buyer's permit for three
years from the date of the last conviction. Subd. 4. Forest
bough account; disposition of fees. (a) The forest bough account
is established in the state treasury within the natural resources
fund. (b) Fees for permits issued under this section shall be
deposited in the state treasury and credited to the forest bough
account and, except for the electronic licensing system commission
established by the commissioner under section 84.027,
subdivision 15, are annually appropriated to the commissioner of
natural resources for costs associated with balsam bough educational
programs for harvesters and buyers.
88.644 Repealed, 1Sp2001 c 2 s 162
88.645 Enforcement.
Subdivision 1. Search warrants. A court having authority to
issue warrants in criminal cases may issue a search warrant, in the
manner provided by law for issuing search warrants for stolen
property, to search for and seize decorative materials affected by or
involved in an offense under sections 88.641
to 88.648.
The warrant may be directed to and executed by any officer authorized
to make arrests and seizures by sections 88.641
to 88.648.Subd. 2. Complaint. An officer having knowledge of an
offense under sections 88.641
to 88.648
shall make a complaint against the offender before a court having
jurisdiction of the offense and request the court to issue a warrant
of arrest in the case.
88.646 Repealed, 1983 c 133 s 5
88.647 Relation to existing laws. Sections 88.641
to 88.6435
do not supersede any existing provision of law relating to any matter
within the scope thereof but shall be construed as supplementary
thereto.
88.648 Criminal penalties; misdemeanor. (a) A person who makes a false statement in any
application, form, or other statement as described in sections 88.641
to 88.6435
is guilty of a misdemeanor. (b) Except as otherwise provided in
this section, a person who violates a provision of sections 88.641
to 88.6435
is guilty of a misdemeanor.
88.649 Repealed, 1983 c 133 s 5
88.65 Repealed, 1949 c 546 s 10
88.651 Renumbered 90.50, subds 1-4
88.652 Renumbered 90.50, subd 5
88.66 Repealed, 1949 c 546 s 10
88.67 Repealed, 1949 c 546 s 10
88.68 Repealed, 1949 c 546 s 10
88.69 Repealed, 1949 c 546 s 10
88.70 Repealed, 1949 c 546 s 10
88.71 Repealed, 1949 c 546 s 10
88.72 Repealed, 1949 c 546 s 10
88.73 Administration; delegated powers and duties. The director is hereby empowered and
directed to administer and enforce sections 88.03
to 88.22;
and, to that end, may make and enforce all necessary or convenient
rules not inconsistent with the provisions and purposes of these
sections. In every case the powers delegated to, and the duties
imposed upon, the director, and other state or municipal
representatives by sections 88.03
to 88.22
shall be exercised and performed in good faith, without undue
oppression, and in a manner as reasonable as the exigencies of the
situation will permit. Nothing in sections 88.03
to 88.22
shall be construed as abrogating the laws specifically governing
state parks or other public parks, or state or municipal forests.
The provisions of all such laws and of sections 88.03
to 88.22
shall be harmonized and both given effect wherever possible.
Nothing in sections 88.03
to 88.22
shall be construed as restricting the state, or any political
subdivision thereof, in the exercise of any power, right, or
privilege which may be conferred by separate enactment of the
legislature under authority of the so-called forest fire prevention
amendment to the state Constitution, approved by vote of the electors
of this state at the general election held in November, 1924. 88.74 Repealed, 1965 c 45 s 73
88.75 Violations; penalties. Subdivision 1. Misdemeanor offenses; damages;
injunctive relief. Any person who violates any of the provisions
of sections 88.03
to 88.22
for which no specific penalty is therein prescribed shall be guilty
of a misdemeanor and be punished accordingly. Failure by any
person to comply with any provision or requirement of sections 88.03
to 88.22
to which such person is subject shall be deemed a violation thereof.Any person who violates any provisions of sections 88.03
to 88.22,
in addition to any penalties therein prescribed, or hereinbefore in
this section prescribed, for such violation, shall also be liable in
full damages to any and every person suffering loss or injury by
reason of such violation, including liability to the state, and any
of its political subdivisions, for all expenses incurred in fighting
or preventing the spread of, or extinguishing, any fire caused by, or
resulting from, any violation of these sections. All expenses so
collected by the state shall be deposited in the general fund. When
a fire set by any person spreads to and damages or destroys property
belonging to another, the setting of the fire shall be prima facie
evidence of negligence in setting and allowing the same to spread.At any time the state, or any political subdivision thereof,
either of its own motion, or at the suggestion or request of the
director, may bring an action in any court of competent jurisdiction
to restrain, enjoin, or otherwise prohibit any violation of sections
88.03
to 88.22,
whether therein described as a crime or not, and likewise to
restrain, enjoin, or prohibit any person from proceeding further in,
with, or at any timber cutting or other operations without complying
with the provisions of those sections, or the requirements of the
director pursuant thereto; and the court may grant such relief, or
any other appropriate relief, whenever it shall appear that the same
may prevent loss of life or property by fire, or may otherwise aid in
accomplishing the purposes of sections 88.03
to 88.22.Subd. 2. Renumbered 18.436Subd. 3. Felony offenses. Any person who willfully or
knowingly cuts or removes any timber or forest product contrary to
the provisions of sections 88.47
to 88.53;
or willfully or knowingly makes any false statement or representation
in any application, certificate, or other paper or document required
by, or purporting to be made pursuant to, sections 88.47
to 88.53;
or wrongfully and intentionally falsifies, or changes, any such
application, certificate, or document; or uses any artifice, trick,
scheme, or device, or who conspires with others so to do, under color
of sections 88.47
to 88.53,
for the purpose of wrongfully evading or escaping the levy,
assessment, or payment of any taxes, assessments, or claims of the
state, or any political subdivision or agency thereof, shall be
guilty of a felony. Subd. 4. Renumbered 84A.30,
subd 2 Subd. 5. Obsolete, See 1949 c 546 s 10
88.76 Rewards. Upon
conviction of any person for violating any of the provisions of
sections 88.03
to 88.22,
the director may pay, from any money placed at the director's
disposal under those sections, a reward of not more than $1,000 to
the person or persons giving the information leading to such
conviction.
88.77 Disposal of fines and penalties. Except as otherwise expressly provided in
sections 88.03
to 88.22,
all money received as penalties for violations of the provisions of
those sections, less the cost of collection, shall be paid into the
treasury of the county in which the penalties for these violations
were imposed; provided, that fines collected for violations of those
sections, where prosecutions are instituted upon the complaint of
town or city officers duly appointed by the director as fire wardens,
shall be paid into the treasury of the town or city where the offense
was committed.
88.78 Appeals. No
appeal shall be allowed from a judgment in any prosecution under
sections 88.03
to 88.22,
unless the person appealing shall, within the time prescribed by law,
enter into a recognizance, with sufficient sureties, or deposit cash
bail in twice the amount of the fine and costs. The judge may
examine the proposed sureties under oath and shall make and keep a
record of their answers in respect to the kinds and amount of their
property not exempt from execution. The judge shall furnish a copy
of the record to the director. Upon an arrest being made for
violation of any of the provisions of sections 88.03
to 88.22,
or upon information of a violation being lodged, the county attorney
of the county in which the offense was committed shall prosecute the
accused.
88.79 State forest service to private owners. Subdivision 1. Employment of competent
foresters; service to private owners. The commissioner of natural
resources may employ competent foresters to furnish owners of forest
lands within the state of Minnesota owning respectively not exceeding
1,000 acres of such land, forest management services consisting of
advice in management and protection of timber, selection and marking
of timber to be cut, measurement of products, aid in marketing
harvested products, and such other services as the commissioner of
natural resources deems necessary or advisable to promote maximum
sustained yield of timber upon such forest lands. Subd. 2.
Charge for service; receipts to special revenue fund. The
commissioner of natural resources may charge the owner receiving such
services such sums as the commissioner shall determine to be fair and
reasonable. The charges must account for differences in the value of
timber. The receipts from such services shall be credited to the
special revenue fund and are annually appropriated to the
commissioner for the purposes specified in subdivision 1. Subd.
3. Cost-sharing of conservation practices. The commissioner
of natural resources may provide cost-sharing of conservation
practices to nonindustrial owners of less than 5,000 acres of private
land within this state, provided that the landowners successfully
complete conservation practices approved by the commissioner. The
cost shared by the commissioner may not exceed 75 percent of the
actual cost of the conservation practice. Subd. 4.
Rulemaking exemption. The charge for forest management services
and cost-sharing conservation practices under this section are not
subject to the rulemaking provisions of chapter 14 and section 14.386
does not apply.
88.80 Aspen recycling program. Subdivision 1. Establishment. The commissioner must
establish and accelerate an aspen recycling program providing for the
betterment of public lands owned by the state by clearing trees which
because of age, disease, pests, or other cause are unmarketable or
increase the hazard of forest fires or infestation, permitting the
regeneration of stands of healthy aspen capable of economic
management, harvesting, and marketing. The financing of this program
is determined to be a necessary and proper public purpose for the
issuance of state bonds under the provisions of article XI, section 5
of the Constitution relating to the betterment of public land, the
promotion of reforestation, and prevention and abatement of forest
fires and the clearing and improving of wild lands. The program
shall designate priority areas on state lands for aspen recycling.Subd. 2. Pilot project. The commissioner shall establish
an aspen recycling program pilot project in the highest priority area
on state lands in order to develop effective program procedures and
practices. With respect to the pilot project, the commissioner may
restrict bidding on contracts for the cutting, removal, and disposal
of aspens, and for related activities, to loggers and others residing
in the pilot project area designated under the program that are
financially distressed. The commissioner may establish standards and
procedures for awarding logging contracts relating to eligibility for
employment for conservation work projects. Subd. 3.
Report. The commissioner shall report to the legislature by
January 1, 1987 the results of the pilot project and a plan to
recycle the overmature aspen stands of the state.
88.81 Forest management practices in litigation. The commissioner may not implement
new or revised forest management practices as part of agreements
relating to litigation until the commissioner has reported the forest
management practices to the chairs of the environment and natural
resources committees of the legislature at the next regular session
of the legislature.
88.82 Minnesota releaf program. The Minnesota releaf program is established in the
Department of Natural Resources to encourage, promote, and fund the
planting, maintenance, and improvement of trees in this state to
reduce atmospheric carbon dioxide levels and promote energy
conservation.

USA Statutes : minnesota