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State and Local Regulation . State regulation In 1993 the Legislature revised the open burning law. Under the new statute the permitting authority is the Minnesota Department of Natural Resources (DNR), instead of the Minnesota Pollution Control Agency (MPCA). Consequently, the MPCA's rules codified as Minn. Rules 7005.0705 to 7005.0805 have been repealed. At this time the DNR does not plan to adopt any new rules. ~ Open burning or open fire is the burning of any matter whereby the resulting combustion products are emitted directly to the atmosphere without passing through a stack duct, or chimney. Minn. Stat. 88.01, subd. 23.0pe~ burning isunlawful without the written permission of the commis- sioner of natural resources, a forest officer, or an authorized fire warden. Minn. Stat. 88.16, subd. 1. The commissioner may appoint local government officials, authorized Minnesota pollution control . agents, fire chiefs, or other responsible persons to be fire wardens in their respective districts. Minn. Stat. 88.18. There are four exceptions to this permit require- ment listed in Minn. Stat. 88.16, subd. 2: . 1. Open fires started when the ground is snow- covered. The ground is considered snow- covered when the snow is at least three inches deep and is unbroken surrounding the fire for an area sufficient to keep the fire from spread- ing. Minn. Stat. 88.01, subd. 26. 2. Campfires. A campfire is a fire set for cooking, warming, or ceremonial purposes, which is not more than three feet in diameter by three feet high and the ground surrounding the fire has been cleared of all combustible material for five feet from the base of the fire. Minn. Stat. 88.01, subd. 25. 3. Fires contained in charcoal grills, camp stoves, or other devices designed for the purpose of cooking or heating. 4. When the ground is not snow-covered, fires to bum dried vegetative materials and other materials allowed by law in a burner of a design which has been approved by the com- missioner. There can be no combustible materi- als within five feet of the base of the burner and the burner can only be used during the hours of 6:00 p.m. to 8:00 a.m. When the ground is snow-covered these materials could be burned at any time without a permit based' on Exception 1 above. A permit is required to burn vegetative material and other materials allowed by law if the ground is not snow-covered and the conditions set out in Exception 4 above are not met. Minn. Stat 88.17, subd 1. The only other materials allowed by law are household garbage and solid waste from farming operations. These materials can only be burned under certain conditions which are discussed later in this memo. The permit must set the time and conditions for starting and burning the fire. It must also list all the materials which may be burned under the permit. The permittee must have the permit on his or her person at all times and must remain with the fire until it is completely extin- guished. The permit must be given to a forest officer, fire warden, or other peace officer when requested for inspection. Id. Violating or exceeding the permit conditions is a misdemeanor and cause for revocation of the permit. No person may start or cause a fire to be started on any land that is not owned by them or under their legal control without the written per- mission of the owner or lessee of the land, even if they have obtained a permit from the commis- sioner or other authority. Id. A permit is required even when the ground is snow-covered to start fires for fire training or for the operation of a permanent tree and brush burn- ing site. Minn. Stat. 88.17, subd. 3. A permit to start a fire for the instruction and training of firefighters, including liquid fuels training, may be given by the commissioner or an agent of the commissioner.