# Title 18 — Fires

## Chapter 18-07 — Firebreaks in Counties

### § 18-07-01. Petition to board of county commissioners to establish firebreaks - Tax

levied.
Repealed by S.L. 2015, ch. 439, § 104.
### § 18-07-02. Board of county commissioners to divide county into fire districts.

The board of county commissioners, from time to time, if a levy is made for a firebreak fund,
shall divide the county into as many fire districts as may be necessary. Each district must be
known and designated as "Fire District No. _____". The board may map out each fire district in
any form, consistent with the amount of funds available, so that when firebreaks are made a
prairie fire will be confined to the smallest possible area. When forming fire districts, the board
may take advantage of any creek, river, broken or plowed field, or other natural or artificial
barrier to prairie fires.
### § 18-07-03. Board of county commissioners to appoint fire wardens - Compensation -

Oath - Bond.
The board of county commissioners may appoint a fire warden for each fire district. The
warden shall reside in the fire district and must be paid such sum as is fixed by the board, not
exceeding three dollars for each day actually employed in the discharge of the warden's duties.
The warden shall take and subscribe the oath required of civil officers and shall file a bond in
the penal sum of five hundred dollars, with at least two good and sufficient sureties to be
approved by the board, conditioned for the faithful discharge of the warden's duties.
### § 18-07-04. Fire warden to make firebreaks - When made.

The fire wardens shall carry out in their respective districts all of the instructions of the
board of county commissioners with reference to making firebreaks and preventing the spread
of prairie fires. All firebreaks made under the provisions of this chapter must be made in each
year at as early a date as possible with a view to the most efficient protection of property from
prairie fires.
### § 18-07-05. Legal firebreak defined.

A legal firebreak consists of a strip of land two hundred feet [60.96 meters] wide, plowed on
either side and burned out inside the plowing.
### § 18-07-06. When prairie may be set on fire to make firebreak.

For the purpose of making a firebreak, a strip of prairie not exceeding one hundred feet
[30.48 meters] in width, protected on each side by a strip of plowed or burned land not less than
five feet [1.52 meters] wide, may be set on fire. At least four men must be present when the
prairie is burned and must be prepared, with water and suitable appliances, to keep the fire
under control.
### § 18-07-07. Board of county commissioners may provide tools to make firebreak.

A board of county commissioners may provide, from the firebreak fund, such tools and
appliances as may be necessary to aid and assist in making firebreaks to prevent the spread of
prairie fires.
