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Apple Valley, MN Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Apple Valley, MN, also called the burn ban, open burning, or fire restriction ordinance, set when you can burn yard waste, debris, or run a recreational fire.

Key Facts

Permit
Required before any open burning (§ 93.43)
Recreational fires
Exempt from the permit
Never burnable
Leaves, grass clippings, plastics, rubber, treated wood, food waste
Burn ban
City or DNR ban, or MPCA Air Quality Alert
Issuing officials
Fire Chief, Fire Marshal or Assistant Fire Marshals
Permit violation
Petty misdemeanor

Summary

In the City of Apple Valley, Minnesota, no one can start open burning without an open burn permit from the Fire Department, and leaves, grass clippings, plastics, rubber, treated wood and similar materials cannot be burned at all. No recreational fire or open burn is allowed during a declared burning ban or MPCA Air Quality Alert.

(A) No person shall conduct, cause or permit open burning oils, petro fuels, rubber, plastics, chemically treated materials, or other materials which produce excessive or noxious smoke, such as tires, railroad ties, treated, painted or glued wood composite, shingles, tar paper, insulation, composition board, sheetrock, wiring, paint or paint fillers. ... No person shall start or allow any open burning on any property in the city without first having obtained an open burn permit, except that a permit is not required for any fire which is a “recreational fire” as defined in § 93.31. A violation of this section is a petty misdemeanor. ... (D) No recreational fire or open burn will be permitted when the city or DNR has officially declared a burning ban due to potential hazardous fire conditions, or when the MPCA has declared an Air Quality Alert.

Full Breakdown

Apple Valley Code of Ordinances § 93.43 requires an open burn permit before anyone starts or allows open burning on any property in the city. The only exception is a recreational fire as defined in § 93.31, and the section states that a violation is a petty misdemeanor. Section 93.41 defines open burning as burning of any matter when the combustion products go directly to the atmosphere without passing through a stack, duct or chimney.

Section 93.42 lists what can never be burned: oils, petro fuels, rubber, plastics, chemically treated materials and other materials producing excessive or noxious smoke, including tires, railroad ties, treated, painted or glued wood composite, shingles, tar paper, insulation, sheetrock, wiring and paint. It also bars burning hazardous waste, commercial and industrial solid waste, demolition materials from commercial or institutional structures, food waste, and any leaves or grass clippings.

Permits are issued only for the purposes in § 93.44: eliminating a health hazard that cannot be abated by other practical means, ground thawing for utility repair and construction, disposal of vegetative matter for forest, prairie or wildlife habitat management, disposal of diseased trees generated on site, diseased nursery stock or diseased bee hives, and disposal of unpainted, untreated, non-glued lumber and wood shakes from construction. Fire training permits can only come from the Minnesota Department of Natural Resources. Applications use a DNR-prescribed form adopted by the Fire Department and go to the Fire Chief, Fire Marshal or Assistant Fire Marshals, who schedule a preliminary site inspection and can deny the application if a practical alternative exists or a pollution or nuisance condition would result.

The burn ban authority sits in § 93.46(D): no recreational fire or open burn is permitted when the city or DNR has officially declared a burning ban, or when the MPCA has declared an Air Quality Alert. The permit holder must attend the fire constantly, extinguish it before leaving, keep the permit on site, and pay all costs of the burn, including fire suppression and administrative fees. Under § 93.47 a DNR Forest Officer, the Fire Chief, Fire Marshal or Assistant Fire Marshals can revoke the permit.

Violations & Fines

Burning without a permit is a petty misdemeanor under § 93.43. Section 93.99 separately makes a violation of any provision of Chapter 93 a misdemeanor punishable as provided in § 10.99, with each violation a separate misdemeanor. The permit holder also carries the costs of the burn, including fire suppression and administrative fees, under § 93.46(E).

Frequently Asked Questions

Can I burn leaves or grass clippings in Apple Valley, Minnesota?
No. Section 93.42(D) states that no person shall conduct, cause or permit open burning of any leaves or grass clippings. A permit does not change that, because permits are issued only for the limited purposes in § 93.44, such as diseased trees or a health hazard.
Who issues an open burn permit in Apple Valley?
Applications go to the Fire Chief, Fire Marshal or Assistant Fire Marshals on a form prescribed by the DNR and adopted by the Fire Department. Section 93.45 requires a preliminary site inspection before the burn date and time are set, and the application can be denied.
When is burning banned in Apple Valley?
Section 93.46(D) bars any recreational fire or open burn when the city or the DNR has officially declared a burning ban due to potential hazardous fire conditions, or when the MPCA has declared an Air Quality Alert. Recreational fires are not exempt from this ban.
Can a burn permit be taken away after it is issued?
Yes. Section 93.47 lets a DNR Forest Officer, the Fire Chief, Fire Marshal or Assistant Fire Marshals revoke it. Stated reasons include a developing fire hazard, a violated permit condition, pollution or nuisance conditions, or a fire smoldering with no flame present.

Sources & Official References

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