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Rochester, MN Fire Regulations: Fire Pits & Backyard Fires (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Fire pit rules in Rochester, MN, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.

Key Facts

Fuel size limit
3 ft diameter, 2 ft height
Setback
25 ft from structures/combustibles
Attendance
Must be continually attended
Purpose
Pleasure, religious, ceremonial or cooking only
Open burning permit fee
$75 application + $300 permit
Adopted
Ord. No. 4401 §1, amended Ord. No. 4417 §2 (2020)

Summary

Rochester's fire code defines a lawful recreational fire in section 8-2-2(c): fuel no larger than three feet across and two feet tall, kept at least 25 feet from any structure or combustible material, attended at all times, and built only for pleasure, religious, ceremonial or cooking purposes, never to burn trees, brush or yard waste.

(c)Recreational fire. The term "recreational fire," when used in the fire code, shall meet the following restrictions:(1)Shall only be for pleasure, religious, ceremonial, cooking or similar purpose. Shall not be for the disposal of trees, brush, vegetation or other materials.(2)The fuel shall not be greater than three feet in diameter and two feet in height.(3)Shall not be conducted within 25 feet of a structure or combustible materials.(4)Shall be continually attended and have a method of extinguishment readily available.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 8 Update 1).

Full Breakdown

Rochester adopted the 2018 International Fire Code, with the state fire marshal's modifications under Minn. 011, as its local fire code under section 8-2-1, and any city rule that's more restrictive than the state code controls. Section 8-2-2(c) then defines "recreational fire" for purposes of that code with four conditions: the fire has to be for pleasure, religious, ceremonial, cooking or a similar purpose, and can't be used to dispose of trees, brush, vegetation or other material; the fuel can't exceed three feet in diameter or two feet in height; it can't burn within 25 feet of a structure or combustible material; and it has to be continually attended with a method of extinguishment on hand.

A backyard fire pit that meets those four conditions doesn't need a permit. Burning yard waste, brush or construction debris is a different category, open burning, and it does need a fire department operational permit under section 8-2-6(b), valid for 30 days and renewable once at the fire code official's discretion; the permit costs a $75 application fee plus a $300 permit fee per location under section 8-2-4(g). Open burning for vegetation disposal is otherwise regulated by fire department policy, while projects like prairie restoration or buckthorn removal get case-by-case permit consideration from the fire code official.

Violations & Fines

Conducting open burning, meaning disposal burning rather than a compliant recreational fire, without the required fire department permit is a misdemeanor under section 8-2-18(b). Any fire that doesn't meet the recreational fire definition, oversized fuel, too close to a structure, unattended, or built to dispose of yard waste, is a separate fire code violation under section 8-2-18(a), with each day a violation continues counted as its own offense.

Frequently Asked Questions

Can I have a fire pit in my backyard in Rochester?
Yes, if it meets section 8-2-2(c)'s recreational fire definition: fuel no larger than three feet across and two feet tall, at least 25 feet from any structure or combustible material, continually attended, with extinguishment on hand, and used only for pleasure, ceremonial or cooking purposes.
Do I need a permit for a backyard fire pit?
No, not if it qualifies as a recreational fire under section 8-2-2(c). A permit is only required for open burning, meaning disposal burning of yard waste, brush or trees, which needs a fire department operational permit under section 8-2-6(b).
How far does a fire pit need to be from my house?
At least 25 feet from any structure or combustible material, under section 8-2-2(c). The fire also can't exceed three feet in diameter or two feet in height, and someone has to attend it at all times with a way to put it out.
What does it cost to get an open burning permit in Rochester?
Section 8-2-4(g) sets a $75 application fee plus a $300 permit fee per burn site. The permit itself is valid for 30 days under section 8-2-6(b) and can be extended once for an additional 30 days at the fire code official's discretion.

Sources & Official References

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How Rochester compares: Cities with the Strictest Fire Pit Rules·Compare Rochester to another location·View the Minnesota fire regulations overview

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