Rochester, MN Fire Regulations: Fire Pits & Backyard Fires (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.
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?
Do I need a permit for a backyard fire pit?
How far does a fire pit need to be from my house?
What does it cost to get an open burning permit in Rochester?
Sources & Official References
Other rules in Rochester
How Rochester compares: Cities with the Strictest Fire Pit Rules·Compare Rochester to another location·View the Minnesota fire regulations overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.