26.20.230 Definitions. – as Used in This Chapter, the Term:

(a) "Agricultural burning" is the controlled burning of vegetative material originating on site in conjunction with the cultivation of land, and including gardening or horticulture, raising of crops, trees, shrubs, pastures or rangeland. This can be broadcast or pile burning.

(b) "BIA" or "B.I.A." means the United States Bureau of Indian Affairs under the United States Department of the Interior, its offices, agents and employees.

(c) "Broadcast burning" means the burning of agricultural or natural vegetation by allowing fire to move across a predetermined area of land. The term does not include the burning of vegetative debris that is piled or stacked.

(d) "Burn Permit" or "Burning Authorization" means a permit or authorization, pursuant to Section 26.20.100 of this title, granting the individual holder the right to conduct a "Controlled Burn" as long as weather conditions do not pose a fire hazard, of:

(1) Yard Trash, Vegetative debris, dry leaves, plant clippings, brush, and clean untreated-unpainted wood.

(2) Broadcast Burning of vegetative debris, dead/downed woody debris, grass, brush and leaves within natural and constructed fire breaks with personnel, tools and water readily available to keep the fire contained and under control.

(e) "Campfire" means any open fire used for cooking, personal warmth, lighting, ceremonial or aesthetic purposes that is hand built and that is not associated with any debris disposal activities.

(f) "Contained" means that fire and smoldering exist entirely within established or natural firebreaks.

(g) "Controlled Burn" means that for;

(1) Broadcast burning, that the burn is contained and that there is no lateral movement of fire out of the authorized area into entirely unburned fuels across the landscape. When completed, there is no lateral movement of fire and no flames or smoldering outside of the containment lines.

(2) Pile burning, that the fire is contained within a cleared area, is not allowed to escape into unburned fuels. No visible flames exist when completed.

(3) Burn barrels and incinerators, that the fire is kept contained to the barrel or incinerator with no hot embers or debris landing in unburned fuels.

(h) "Every Reasonable Effort" [to control a fire] means a genuine, good faith effort to promptly and safely control if at all possible, a fire with the use of reasonably available personnel, tools and equipment under the supervision and control of the land owner or operator, which is needed and effective to fight the fire and which can be brought to bear on the fire in a timely fashion.

(i) "Extinguished" means the absence of any visible flames, smoke or emissions.

(j) "Fire Danger" means the North Dakota Fire Danger Index which provides an indication of wildland fire potential for grasslands and forests, including its ability to spread. The index contains five ratings: Low, Medium, High, Very High, and Extreme. There are burning guidelines and restrictions based on the fire danger.

(k) "Fire Break" or "Fire Guard" means a strip of unburnable ground or fire-retarding vegetation meant to stop or control a forest or grass fire. They can be existing natural barriers or constructed. Acceptable fire breaks shall be a minimum of ten feet (10') wide and shall include:

(1) Mowed strip(s), cut to a height of less than 4", and clear of any leaves, thatch, or hay.

(2) Trail(s) cleared of brush, dead wood, branches, snags, duff, leaves/needles, or tall grass.

(3) A plowed, disked, cultivated, bladed or graded strip of bare ground.

(4) An existing gravel road or driveway.

(5) Existing dirt trail(s) clear of flammable material.

(6) Area(s) of open water, lake, or slough(s) that are clear of cat tails or slough grass.

(l) "Fire Season" means;

(1) Period(s) of the year during which wildland fires are likely to occur, spread, and affect resource values sufficient to warrant organized fire management activities.

(2) A legally enacted time during which burning activities are regulated by the Tribe or BIA.

(3) Fire Season in the Turtle Mountains is generally in the spring until "green up" and again in the fall when the grasses are cured out and the leaves have dropped, until it snows.

(m) "Garbage" means all kitchen and food waste, animal or vegetable waste that is in attendance with or results from the storage, packaging, preparation, cooking or handling of food materials.

(n) "Open Burning" or "Open fire" means

(1) Any outdoor fire that occurs in such a manner that combustion air is not effectively controlled and combustion products are not effectively vented through a stack or chimney.

(2) Any outdoor fire or open combustion of materials that produces visible emissions.

(o) "Prescribed Burning" means the application of fire by broadcast burning of vegetative fuels under specified environmental conditions while following appropriate measures to guard against the spread of the fire beyond the predetermined area to accomplish planned resource management of hazardous fuels reduction objectives. The prescribed fire plan or prescribed burn plan is a plan establishing the method of conducting a prescribed burning operation.

(p) "Smoldering" is the continued consumption of fuels, which may emit smoke and flames, after a fire is contained.

(q) "Spreading" is continued lateral movement of the fire into unburned fuels.

(r) "Wildfire" means any vegetative fire that threatens to destroy life, property or natural resources.

(s) "Yard Trash" means vegetative matter resulting from landscaping and yard maintenance operations and other such routine property cleanup activities. It includes such materials such as leaves, shrub trimmings, grass clippings, brush and sticks.