Section
2501. Starting Fires.
2502. Exemptions.
2503. Camp Fires.
2504. Permission to Start Fires.
2505. Failure to Perform Duty.
2506. Duty to Report Unauthorized Fire.
Cross References
Open fire and backfire regulations, see Nat. Res. Comm. Order 12-84.
§ 2501. Starting Fires.
Except as provided in 11 MLBS § 2502, any person who shall, when the ground is not snow-covered, in any place where there are standing or growing native coniferous trees, or in areas of ground from which natural coniferous trees have been cut, or where there are slashings of such trees, or native brush, timber, slashing thereof, or excavated stumps, or where there is peat or peat roots excavated or growing, start or have any open fire without the written permission of the Commissioner of Natural Resources shall be subject to a forfeiture of $20.00.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 25.
§ 2502. Exemptions.
No permit is required for the following open fires:
-
(a) A cooking, singeing, poaching, boiling sap, or warming fire contained in a fireplace, fire-ring, charcoal grill, portable gas or liquid fueled camp stove or other similar container or device designed for the purpose of cooking or heating, or if the area within a radius of five feet of the fire is reasonably clear of all combustible material.
-
(b) The burning of grass, leaves, rubbish, garbage, branches, and similar combustible material in an approved incinerator. An approved incinerator shall be constructed of fire-resistant material, have a capacity of at least three bushels, be maintained with minimum burning capacity of at least two bushels, and have a cover which is closed when in use and openings in the top or sides of one-inch maximum diameter. No combustible material shall be nearer than three feet to the burner or incinerator when in use.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 25.01.
§ 2503. Camp Fires.
Every person who when the ground is not covered with snow starts a fire in the vicinity of forest or prairie land shall exercise every reasonable precaution to prevent the fire from spreading and shall before lighting the same clear the ground of all branches, brushwood, dry leaves, and other combustible material within a radius of five feet from the fire, and keep the fire under immediate personal supervision and control at all times, and carefully extinguish the fire before quitting the place. Any person who fails to comply with any provision of this section shall be subject to a forfeiture not to exceed $20.00.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 25.02.
§ 2504. Permission to Start Fires.
Permission to set fire to any grass, stubble, peat, brush, raking of leaves, rubbish, garbage, branches, slashing or woods for the purpose of cleanup, clearing and improving land or preventing other fires shall be given whenever the same may be safely burned upon such reasonable conditions and restrictions as the Commissioner of Natural Resources may prescribe to prevent same from spreading and getting beyond control. This permission shall be in the form of a written permit signed by the Commissioner or his designee, these permits to be on forms furnished by the Commissioner. Any person setting any fire or burning anything under such permit shall keep the permit in immediate possession while so engaged and produce and exhibit the permit to any conservation or law enforcement officer when requested to do so.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 25.03.
§ 2505. Failure to Perform Duty.
Every person who shall kindle a fire on or near forest, brush, or prairie land and leave it unquenched, or be a party thereto, or who shall set fire to brush, stumps, dry grass, field stubble, leaves, peat, rubbish, garbage, branches and slashings, or other material, and fail to extinguish the same before it has endangered the property of another; every person who shall negligently or carelessly set on fire, or cause to be set on fire, any woods, prairie, or other combustible material, whether on his own land or not, by means whereof the property of another shall be endangered, or who shall negligently suffer any fire upon his own lands to extend beyond the limits thereof; every person who shall use other than incombustible wads for firearms, or carry a naked torch, firebrand, or exposed light in or near forest land, or who, upon any such land or in the vicinity thereof, or on or along any public, tribal, or private road, trail path, railroad right of way or roadbed, or other public, tribal or private way of any kind running over, along or in the vicinity of any such land, shall throw or drop any burning match, ashes of pipe, lighted cigar, or cigarette, or any other burning substance, and who fails to extinguish the same immediately; every person who drives upon or over forest lands in a motor vehicle with an open cutout or without a muffler on the exhaust pipe; and every person who operates a tractor, chainsaw, steam or internal combustion engine in forested areas not equipped to prevent fires, shall be subject to a forfeiture not to exceed $5,000.00.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 25.04.
§ 2506. Duty to Report Unauthorized Fire.
The occupant of any premises upon which any unauthorized fire is burning in the vicinity of forest lands, whether the fire was started by the occupant or otherwise, shall promptly report the fire to the Commissioner of Natural Resources, or to the nearest tribal or state forest officer, fire warden, conservation officer or law enforcement officer. Failure to make this report shall be deemed a violation of 11 MLBS § 2505, and the occupant of the premises shall be deemed prima facie guilty of negligence if the unreported fire spreads from the premises to the damage, loss, or injury of the tribe or any person.
Historical and Statutory Notes
Source:
Band Statute 1162-MLC-50, § 25.01(c).