Duluth, MN Fire Regulations: Outdoor Burning (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?
Can I get a permit to burn leaves in Duluth?
What's the penalty for illegal open burning in Duluth?
Sources & Official References
Other rules in Duluth
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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