1. (a) A permittee shall be issued a category I, II or III fire permit if the forest fire warden or authorized issuing agent determines that:

   1. (1) The permittee is the landowner or has the landowner’s written permission;
   2. (2) The permittee meets the required age limit;

   3. (3) The permittee meets the criteria for specified distances from structures as follows;

      1. a. Except for public and private camp or picnic sites, a category I fire is 25 feet from structures; or
      2. b. A category II or III fire is 50 feet from structures;
   4. (4) Weather conditions are favorable as to prevent the spread or escape of the fire;
   5. (5) The permittee has adequate suppression equipment to control the fire;

   6. (6) The permittee meets the required timeframe as follows:

      1. a. A category I for any time of day whether raining or not; or
      2. b. A category II or III for between the hours of 5:00 p.m. and 9:00 a.m. unless it is actually raining; and
   7. (7) The permittee has not had more than 2 open burning violations, or any grievous violations, within the past 7 years based upon the date of first offense.

2. (b) A category I, II, or III fire permit shall include the following information:

   1. (1) The name of permittee;
   2. (2) Date of birth of permittee:
   3. (3) The landowner’s name and address, if different than permittee;
   4. (4) The location where fire is to be kindled;
   5. (5) The date(s) the fire is authorized to occur and the specific time;
   6. (6) The category of fire the permit is for;
   7. (7) The name of the forest fire warden or authorized issuing agent;
   8. (8) The town the forest fire warden or authorized issuing agent is from; and
   9. (9) The date the fire permit was issued to the permittee.
3. (c) Prior to being issued a fire permit, the permittee shall be required to provide their name, date of birth, address, telephone number, and signature on the fire permit.
4. (d) If a forest fire warden or authorized issuing agent does not approve a request for a category I, II, or III fire permit pursuant to (a) above, the forest fire warden or authorized issuing agent, shall notify the permittee.

Source. #14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5601.04), eff 12-6-25, EXPIRES 12-6-35