26.20.100 Burning Permits and Open Burning Regulations

(a) Burn Permits Required; Penalties:

(1) On or adjacent to any forest, brush or grass covered lands under the territory and jurisdiction of the Turtle Mountain Band of Chippewa Indians, it shall be unlawful for any person or persons to start or have any fire or conduct any controlled burning, except as provided in Subsections (e) and (g) below, without a current and valid Burn Permit or valid and approved Prescribed Fire Plan and Burn Authorization from the Bureau of Indian Affairs. There shall be no charge for burn permit applications.

(2) Anyone violating this section of this title shall be guilty of a Class 1 offense; if the violation results in an escaped fire, wildfire, or a fire that is spreading to any lands not under their ownership or control, it shall be a Class 2 offense. The violator shall also be liable for any damages and suppression expenditures.

(b) Burning of Vacant, Dilapidated or Blighted Structures:

(1) Burning Permits for burning vegetative debris and yard trash in or near forests or rangelands under this section shall not be issued and shall not be authorized by the Bureau of Indian Affairs – Forestry & Fire Management for the burning and demolition of facilities, standing structures, buildings, houses, mobile homes, trailers, construction debris, or for anything that does or may contain asbestos, treated lumber or other toxic materials.

(2) Burning, Demolition and disposal of any structure(s) or trailers shall be coordinated through Tribal EPA. (See Title 40 Turtle Mountain Band of Chippewa Solid and Hazardous Waste Management and Remediation).

(3) Burning of structures, mobile homes, non-vegetative material, treated wood or construction debris shall be authorized in advance by the Turtle Mountain Fire & Rescue Department.

(4) Anyone violating 1910 2 (b-c) shall be financially liable for suppression and clean-up costs and may be charged under 26.1901 (Setting fires) or under 26.1905 (Arson) if any fire they set, cause to be set, or allow; threatens nearby property or firefighters safety.

(c) Liability when lawfully set fire is allowed to spread uncontained: If a fire which was lawfully set to burn grass, forest, or stubble land is carelessly, recklessly, negligently, or intentionally permitted to spread beyond the property boundary or authorized area, the person(s) setting, suffering, maintaining, or kindling the fire shall be both civilly and criminally liable and shall be guilty of a Class 2 offense.

(d) Fire Breaks and due caution required before igniting any fire: It shall be a Class 2 offense and a violation of any lawfully obtained Burn Permit to set or cause to be set on fire any forest, woods, marsh, slough, prairie, grass and brush, stubble or other vegetative material, without natural or manmade firebreak(s) in place to keep the fire contained to the authorized area; or to ignite a fire without using due caution to the prevailing and forecasted weather conditions.

(e) Burn Permit Instructions shall be followed: It shall be a Class 2 offense if the fire has spread out of control; otherwise a Class 1 offense; for a person having lawfully obtained a Burn Permit to:

(1) Fail to attend to their fire while there is visible smoke and flame; or

(2) Fail to have adequate manpower, tools and fire extinguishing equipment on site to maintain control over their fire; or

(3) Allow the fire to burn onto adjacent property without the neighbor's or owner's express permission and consent; or

(4) Fail to have a 10' wide cleared area, fire breaks or fire guards in place for containment; or

(5) Ignite the fire on days when a Burn Ban is in place; or

(6) Ignite any fire or conduct any burning whenever the National Fire Danger Rating, National Weather Service (NWS) – Fire Danger Forecast, or NWS Fire Weather Outlook for that day, indicates that conditions are too risky or extreme for any outdoor burning. It shall be the responsibility of any person(s) issued a burn permit to keep informed of fire weather and burning conditions before igniting their fire; or

(7) Ignite any fire or conduct any burning when the National Weather Service has declared a Red Flag Warning.

(f) Open burning allowed: Fires that are kept under control and are extinguished before leaving are allowed, without a Burn Permit, provided it is:

(1) A fire started when the ground is snow covered, or

(2) A campfire within an area cleared of flammable debris, or

(3) A fire on cold days for warming of outdoor workers, or

(4) A fire contained in a charcoal grill, camp stove, outdoor fireplace or other device designed for the purpose of cooking or heating, or

(5) Ceremonial fires within an area cleared of flammable debris, or

(6) Open burning for the training of firefighters or live fire extinguisher training of employees, or

(7) Open burning of dilapidated structures by the Turtle Mountain Fire & Rescue Department and/or Tribal EPA, where adequate firefighting equipment and manpower is in attendance to contain the fire; or

(8) A burn barrel or outdoor incinerator that meets Subsection (h) of this section.

(g) Refusal, suspension or revocation of burn permits: The B.I.A. or Tribe may refuse, suspend or revoke a permit authorized by or issued under this section; if and including but not limited to:

(1) When necessary under the judgement of the B.I.A. Fire Management or Tribe, to prevent danger to life, health, forest resources or property; or

(2) When a Burn Ban, Drought Emergency or Fire Emergency is in place; or

(3) When a Red Flag Warning is declared by the National Weather Service forecast office for Rolette County; or

(4) When the Permitting Agency, through an interview or on-site inspection, determines that the person or persons do not likely have adequate cleared area(s), fire breaks, tools, water, or manpower to control the fire within the area that he or she want to burn; or

(5) When the National Fire Danger Rating and/or National Weather Service – Fire Weather Forecast, for that day, indicates that fire conditions are too risky or extreme for any outdoor burning; or

(6) A person who; repeatedly violates the fire regulations in Section 19 of this title, or the terms and conditions of a previously issued Burn Permit, or allows a lawfully authorized fire to burn uncontained shall be denied a Burn Permit. This denial remains in effect until the concern that caused the denial has been mitigated in consultation with the BIA Fire Management Officer.

(h) Open Burning Allowed in Non-Combustible Containers or in Burn Barrels, Complying with this Subsection: The open burning of small amounts of yard waste is allowed, provided:

(1) A Burn Ban is not in effect and the burning is not being conducted on a windy day; and

(2) The fire is enclosed in a noncombustible container (burn barrel in good condition) with an expanded metal screen on the top, upon ground cleared of all combustible material; and

(3) The burn barrel or incinerator is set back at least 25 feet from any wildlands, brush, tall grass, stubble, or combustible (wood) structures; and

(4) The fire is attended and adequate fire extinguishing equipment is readily available at all times; and

(5) The burning material does not give off noxious odors or excessive amounts of smoke which can or does create a nuisance. EPA Prohibited Materials (tires, rubber, etc.) shall not be burned; and

(6) The fire does not escape the authorized area.

If any such person fails to comply with the above requirements, and his or her burn barrel or incinerator fire escapes control and burns into any nearby forest, grasslands, croplands, prairie or surrounding vegetation, such person shall be found guilty of a Class 2 offense.

Such person(s) are responsible for any such fires escaping or originating from any burn barrel, incinerator, burn pile or fire pit on land that they own, lease, or control, regardless of whether or not the person is responsible for the starting thereof.

(i) Open Burning Prohibitions; Prohibited Materials: It shall be a Class 1 offense for the first violation and a Class 2 offense for repeated violations, to burn any Prohibited Materials in this subsection:

(1) Any open burning of any solid or hazardous waste that is disallowed by Title 40 Turtle Mountain Band of Chippewa – Solid Waste Management and Remediation.

(2) Open burning of biological waste, hazardous waste, asbestos containing materials, mercury containing devices, pharmaceuticals, tires, rubber material, residual oil, used oil, asphalt, roofing material, car batteries, tar, creosoted or treated wood, plastics; except that dilapidated structures may be burned by the Turtle Mountain Fire & Rescue Department and pesticide containers can be burned after being triple-rinsed in accordance with Federal EPA guidelines.

(3) No person shall conduct, cause, or permit open burning of manure or other putrid waste, in or near any residential area or neighboring residence, where smoke and noxious odors become a nuisance.

(4) No person shall place aerosol cans, used propane bottles or anything that does or can explode, into a burn barrel, incinerator, or burn pile.

(5) No person shall conduct, cause, or permit the processing of motor vehicles by open burning.