There will be a ban on open burning that will be enforced immediately and autonomously when the National Weather Service has declared a Red Flag Warning in Miner County or when the Grassland Fire Danger Rating in Miner County reaches Very High or Extreme To check the fire danger conditions map for Miner County, click here.
Notify Miner County Dispatch before burning by calling (605) 772-4501.
ORDINANCE #2024-04
An Ordinance Amending Ordinance 2006-01, “Authorizing the Miner County Board of Commissioners to Declare a Fire Danger Emergency and to Prohibit Open Burning Within the County”
WHEREAS, the Commissioners of Miner County are charged with protecting the health and safety of the citizens of Miner County, including all property situated herein; and
WHEREAS, by South Dakota Codified Law 7-8-20(18) the Miner County Board of Commissioners authorizes the Miner County Office of Emergency Management to enact the Declaration of a Fire Danger Emergency and to prohibit open burning within the County or restrict open burning after consultation with local fire officials and law enforcement officials, in order to protect the public health and safety;
THEREFORE, BE IT ORDAINED, subject to separate action by the Miner County Board of Commissioners, said declaration of fire danger emergency and prohibition or restriction of open burning within the County will be enforced immediately and autonomously when the National Weather Service has declared a Red Flag Warning in Miner County or when the Grassland Fire Danger Rating in Miner County reaches Very High or Extreme, meaning that wildfire and dangerous fire hazards exist.
Section I. Definitions:
A. Open Burning: Any outdoor fire, including but not limited to the prescribed burning of fence rows, fields, wildlands, trash, and debris, the intentional burning of any substance, whether natural or manmade, or the intentional casting off of any burning substance, whether natural or manmade. This definition excepts the burning of such substance in a container sufficient so as to prohibit the escape of any of the burning substance, or any sparks, flames, or hot ashes from the container and also excludes fires contained within liquid-fueled or gas-fueled stoves, fireplaces within all buildings, charcoal grill fires at private residences, and permanent fire pits or fire grates located on supervised developed picnic grounds and campgrounds.
B. Open Fire: Any outdoor fire, including a campfire, that is not contained within a fully enclosed fire box or structure from which the products of combustion are emitted directly to the open atmosphere without passing through a stack, duct, or chimney with spark arresters. Open fire shall not include charcoal grills, liquid fuel grills, outdoor fireplaces, or burn barrels, as defined herein.
C. Charcoal Grill: A metal or stone device not resting on the ground with a metal grate designed to cook food using charcoal briquettes, char wood, hard wood, or similar fuel.
D. Liquid Fuel Grill: A metal or stone device designed to cook food using liquified or gaseous combustible fuel.
E. Burn Barrel: A metal container used to hold combustible or flammable waste materials so that they can be ignited for the purpose of disposal. Burn barrels must have a metal grate; metal grate opening shall be no larger than a quarter square inch (1/4") covering at any time when in use. Burn barrels must be located in a safety zone, away from any or all combustible materials, of a fifteen-foot (15') radius of the burn barrel.
F. Outdoor Fireplaces: A manufactured appliance constructed of non-combustible materials, with a maximum fuel area of three feet (3’), including a screen, (screen opening shall be no larger than a quarter square inch (¼”), chimney or other device placed above the fuel area, fueled by cut or split wood, located not closer than fifteen feet (15’) to any combustible surface and continually attended.
G. Campground: Any permitted commercial campground operated by private individuals or corporations, State of South Dakota, Miner County, or the United States National Park Service.
Section II. Regulations:
A. No person shall set any open fire in Miner County, outside the boundaries of any municipality, when the National Weather Service has declared a Red Flag Warning in Miner County or when the Grassland Fire Danger Rating in Miner County reaches Very High Extreme.
B. No person may ignite a fire in a burn barrel when the National Weather Service has declared a Red Flag Warning in Miner County or when the Grassland Fire Danger Rating in Miner County reaches Very High or Extreme.
C. During a time when open burn is permitted, no person shall start an open burn without first notifying dispatch at 605-772-4501, and provide the adult burner’s name, address, phone number, type of material to be burned, and location of burn.
D. The escape of any such burning substance or the escape of any sparks, flames, or hot ashes from any such container shall be deemed prima facie evidence that the container was insufficient so as to meet the exception from the definition of an open burning set forth herein.
E. The ban on open burning (open fire) does not apply to those designated areas falling within the boundaries of any permitted commercial, state, county or federal campgrounds unless otherwise specifically banned by resolution of the Miner County Board of Commissioners.
F. Open burning must be directly supervised while actively burning, by the adult burner who is responsible for the property being burned and whose contact information has been provided to the dispatcher prior to the start of the open burn.
BE IT FURTHER ORDANINED BY MINER COUNTY, subject to separate action by the Miner County Board of Commissioners, said declaration of fire danger emergency and prohibition or restriction of open burning within the county will remain in place only until the area I no longer under a Red Flag Warning or when the Grassland Fire Danger Index Rating is no longer in a Very High or Extreme status according to the National Weather Service; and the notice of such shall be with local media outlets specifically on Miner County’s website under the following link: https://www.minercountysd.org/firedanger/.
BE IT FURTHER ORDAINED , the maximum penalty for violation of this ordinance shall be as follows: (1) a fine not to exceed the fine established by subdivision §22-6-2(2) for each violation, or by imprisonment for a period not to exceed thirty (30) days for each violation, or by both the fine and imprisonment; or (2) an action for civil injunctive relief, pursuant to chapter 21-8; or (3) thirty (30) days imprisonment in the detention center employed by Miner County or a five hundred dollar ($500.00) fine, or both according to SDCL §22-6-2(2) or its progeny.
This Ordinance is declared to be necessary for immediate preservation of the public safety in accordance with the provisions of SDCL §7-18A-8 and is effective immediately upon adoption.
Ordinance approved May 21, 2024.
Alex Protsch, Chairman
Miner County Board of Commissioners
Attest: Rebecca Mommaerts, Miner County Auditor