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Duluth, MN Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Duluth, 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

Default rule
open burning prohibited without a permit
Who can permit
fire chief, deputy fire chief or fire marshal
Never permitted
burning leaves, even with a permit
Penalty
up to 90 days jail and/or $1,000 fine
Governing standards
MPCA rules, Minn. Wildfire Act, State Fire Code

Summary

In the City of Duluth, open burning is prohibited unless the fire chief, deputy fire chief or fire marshal issues a permit, and even a valid permit can never authorize burning leaves. A violation is a misdemeanor punishable by up to 90 days in jail, a $1,000 fine, or both.

(a) For the purposes of this Section, terms used herein shall have the meanings given them in Minnesota Rules, Part 7005.07057511.0202; (b) Open burning is prohibited without a permit; (c) Permits for open burning may be issued by the fire chief, deputy fire chief or fire marshal and shall be issued only in strict conformance with Minnesota pollution control agency rules, the Minnesota Wildfire Act (Minn.Stat. Section 88.7) and the Minnesota State Fire Code; (ed) No permit shall authorize the burning of leaves. (e) A violation of this Section is a misdemeanor offense for which a sentence of not more than 90 days or a $1000 fine, or both, may be imposed

Full Breakdown

Duluth Legislative Code Section 21-5 sets the city's open-burning rule inside Chapter 21, Fire Protection. Paragraph (b) states the baseline flatly: open burning is prohibited without a permit. 7, and the Minnesota State Fire Code the city adopts under Section 21-1. One category is barred outright regardless of permit: the section states that no permit shall authorize the burning of leaves, so leaf burning stays illegal in Duluth even for a permit holder. 0202 for the terms it uses. Fee amounts for an open-burning permit are set under Section 21-6 alongside other fire code permit fees.

The rule sits in the same chapter as Duluth's adoption of the Minnesota State Fire Code and its recreational-fire and fireworks provisions, giving the fire department one integrated permitting structure for anything involving open flame outside a structure, from a resident's brush pile to a larger land-clearing burn.

Violations & Fines

Section 21-5(e) sets its own penalty rather than relying on the citywide default: a violation of the open-burning section is a misdemeanor carrying a sentence of not more than 90 days, a fine of up to $1,000, or both. Because burning leaves can never be authorized even with a permit, doing so is automatically a violation of the section, not merely a permit condition.

Frequently Asked Questions

Is it legal to burn brush in my Duluth backyard?
Not without a permit. Duluth Legislative Code Section 21-5(b) prohibits open burning citywide unless the fire chief, deputy fire chief or fire marshal issues a permit under Section 21-5(c), and that permit must conform to Minnesota Pollution Control Agency rules, the state Wildfire Act, and the Minnesota State Fire Code.
Can I get a permit to burn leaves in Duluth?
No. Section 21-5 specifically states that no permit shall authorize the burning of leaves, so leaf burning is banned outright in the city regardless of whether the fire chief or fire marshal is willing to issue an open-burning permit for other material.
What's the penalty for illegal open burning in Duluth?
Section 21-5(e) makes a violation a misdemeanor, punishable by up to 90 days in jail, a fine of up to $1,000, or both, separate from the general citywide $1,000 penalty that applies to most other Chapter 21 offenses.

Sources & Official References

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How Duluth compares: Cities with the Strictest Outdoor Burning Rules·Compare Duluth to another location·View the Minnesota fire regulations overview

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