Minnesota § 88.171 - OPEN BURNING PROHIBITIONS
Full text of Minnesota Minnesota Statutes § 88.171 — OPEN BURNING PROHIBITIONS, with citation guidance and answers to common questions.
§ 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 community health board 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.
History:
1993 c 328 s 27; 1995 c 240 art 2 s 1; 1996 c 295 s 1,2; 2015 c 21 art 1 s 109
Official Publication of the State of Minnesota
Revisor of Statutes
Frequently Asked Questions About Minnesota § 88.171
What does Minnesota Statutes § 88.171 cover?
Section 88.171 ("OPEN BURNING PROHIBITIONS") is part of the Minnesota Statutes, the codified statutory law of Minnesota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Minnesota § 88.171?
A common citation format is "Minnesota Statutes § 88.171" (Minnesota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Minnesota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Minnesota official source linked on this page or consult a licensed Minnesota attorney.
How does Minnesota § 88.171 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Minnesota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Minnesota.