(A) Adoption of state law by reference. The provisions of M.S. Chapter 88, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, permits, and all other matters pertaining to open burning, are hereby adopted by reference and are made a part of this chapter as if set out in full. It is the intention of the City Council that all future amendments of M.S. Chapter 88 are hereby adopted by reference or referenced as if they had been in existence at the time this chapter was adopted.
(B) Open burning restrictions. No person shall cause, suffer, allow or permit open burning.
(C) Open burning by permit. Open burning may be conducted if an open burning permit is obtained pursuant to this section and is conducted in accordance with the requirements of this section and the conditions of the permit.
(D) Permit applications.
(1) Application. Application for open burning permits may be made in cases where fires are proposed to be set for the following purposes:
(a) Bona fide instruction and training of firefighting personnel and for the testing of fire extinguishing equipment;
(b) Elimination of fire or health hazards which cannot be abated by any other practicable means;
(c) Activities in accordance with accepted forest or game management;
(d) Ground thawing for utility repair and construction;
(e) The disposal of trees, brush, grass, and other vegetative matter in the development of land and right-of-way maintenance;
(f) The disposal of diseased shade trees;
(g) Activities in accordance with accepted agricultural practices;
(h) The disposal of building material generated by construction;
(i) The disposal of building material generated by the demolition of noncommercial or non-institutional structures; and
(j) The open burning of dried leaves between September 15 and December 1, provided that no open burning of leaves shall take place during an air pollution alert, warning or emergency declaration by the Minnesota Pollution Control Agency.
(2) Restrictions. A burning permit shall be issued on a prescribed form to the applicant if the burning is for one of the purposes set forth in division (D)(1) and the applicant agrees that all burning shall be conducted under the following circumstances:
(a) The prevailing wind at the time of the burning shall be away from nearby residences;
(b) The burning shall be conducted as far away as practical from any highway or public road and controlled so that a traffic hazard is not created;
(c) The burning may not be conducted during the duration of an air pollution alert, warning, or emergency;
(d) The recipient of the permit or his or her authorized representative shall be present for the duration of any fire authorized by permit;
(e) Prior notices shall be given to the local Department of Natural Resources Forest Officer and the city's designated Fire Official of the time and location of any fire authorized by the permit;
(f) Open burning for ground thawing shall be conducted in accordance with the following additional restrictions:
1. Fuels and starting materials shall be of a kind which do not generate appreciable smoke;
2. Coke used for ground thawing within 500 feet of dwellings or occupied buildings shall contain less than 1% sulfur;
3. Ambient air quality standards for sulfur dioxide and carbon monoxide shall not be exceeded at occupied residences other than those located on the property on which the burning is being conducted; and
4. Propane gas thawing torches or other devices causing minimal pollution shall be used when practicable;
(g) Open burning of materials pursuant to divisions (D)(1) (e), (f), (g), (h), (i), and (j) shall be conducted in accordance with the following additional restrictions:
1. The location of the burning shall not be within 600 feet of an occupied residence other than those located on the property on which the burning is conducted; and
2. Oils, rubber, and other similar smoke producing materials shall not be burned or used as starting materials;
(h) Open burning of materials pursuant to division (D)(1)(i) shall also only be conducted under controlled burning methods approved by the Director; and
(i) The burning is conducted under such other reasonable conditions as the permit issuing authority may impose.
(3) Permit issuers. In addition to the Minnesota Pollution Control Agency, the city's designated Fire Official are authorized to accept applications and issue open burning permits.
(4) Permit denial. Any permit application submitted pursuant to this regulation shall be denied if:
(a) A reasonable, practical alternative method of disposal of the material is available; or
(b) A nuisance condition would result from the burning.
(5) Permit revocation. Any permit is subject to revocation at the discretion of the Director, a Department of Natural Resources Forest officer, the designated Fire Official of the city, or the permit issuer, if:
(a) A reasonable practical method of disposal of the material is found;
(b) A fire hazard exists or develops during the course of the burning; or
(c) Any of the conditions of the permit are violated.
(E) Liability. Exemption to conduct open burning or the granting of an open burning permit under any provisions of this section does not excuse a person from the consequences, damages, or injuries which may result therefrom.
(F) Conflicting laws. Nothing in this section shall be construed to allow open burning in those areas in which open burning is prohibited by other laws, regulations, or ordinances.
(G) Recreational/camp fire. A recreational fire is allowed without an open burning permit under the following restrictions:
(1) No more than one recreational fire is allowed on any property at one time;
(2) Fires shall not be allowed to smolder with no flame present and must be extinguished completely before quitting the occasion;
(3) Recreational burning times are from 9:00 a.m. until midnight;
(4) The fire is conducted by a person at least 18 years of age tending to the fire at all times;
(5) Recreational fire sites shall not be located closer than 25 feet to any structure or combustible material;
(6) The fire burns using only dry, clean wood, producing little detectable smoke, odor, or soot beyond the property line;
(7) Fire extinguishing equipment such as an operable fire extinguisher, buckets, shovels, or garden hoses must be readily available and located within ten feet of the recreational fire site;
(8) No recreational/camp fire is allowed when wind speeds exceed 15 miles per hour based on weather channel reports for sustained winds at the time of the fire;
(9) A recreational/camp fire must burn cleanly in a manner that does not cause objectionable smoke beyond the property line, as determined by the Fire Official or a police officer;
(10) The adult tending to the recreational/camp fire must respect weather conditions, neighbors, burning bans, and air quality requirements so that nuisance, health, or safety hazards will not be created.
(Ord. 302, passed 11-1-2022)