Idaho State Statutes - Idaho Attorney Directory

CLOSED SEASON FOR FIRES -- PERMITS -- REGULATIONS -- EXTENSION OF
CLOSED SEASON -- SUSPENSION OF PERMITS -- PENALTY. The period from May 10 to
October 20, inclusive, of each year shall be known as the closed season.
During the closed season it shall be unlawful for any person to set or cause
to be set a fire in any slashing area, or a fire to any stump or stumps, log
or logs, down or standing timber or to set or cause to be set, a fire on any
forest or range lands or dangerously near thereto, or in any field in any
forest protective district, without having first procured a permit from the
fire warden of the district, provided, that unless campfires have been
prohibited during critical hazard periods, campfires may be set without permit
provided there is compliance with the provisions of section 38-116, Idaho
Code. Every permit shall prescribe the conditions upon which the permit is
given, and contain rules and regulations governing the setting of fires and
the prevention of the spread thereof to the property of another. At no time
shall any fire be set when the wind is blowing to such an extent as to cause
danger of the fire getting beyond the control of the person responsible for
setting it, or without sufficient men, tools, supplies and firefighting
equipment to control it, and the fire shall be kept under the control of the
person responsible for setting it until it is out. The state board of land
commissioners shall from time to time make all necessary rules and regulations
governing the setting of fires on forest lands for both the closed and open
season, and for their proper control and extinguishment. It shall be the duty
of the director of the department of lands to prepare the proper form of
permit to be used in carrying out the provisions of this section. The fire
wardens shall at all times have authority to refuse permits and/or to revoke
the same and to postpone their use when issued, when they shall deem it
necessary so to do in the interest of public safety. Any permits obtained by
misrepresentation shall be invalid.
In seasons, localities and under conditions of unusual fire danger, the
director, with the advice of the fire warden of any protective district, shall
have the power to extend the period of closed fire season in any district of
the aforementioned districts to meet the particular fire hazard of each
district, and when the safety of the public requires, change the closed season
in any district by fixing inclusive dates other than those herein designated;
close to entry therein by any person or party, the forest and range lands in
any section of the state wherein a critical fire hazard exists, and may
restrict or suspend travel on any road or trail leading into any such land,
until a permit shall have secured from the fire warden of the forest
protective district wherein such lands are situated, and may also, without
proclamation, suspend any and all permits or privileges authorized by this
section and prohibit the setting of any campfires, and/or fire in forest and
range land or dangerously near to such, or in fields in any forest protective
district.
Any violation of the provisions of this section shall be deemed a
misdemeanor.

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