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Olmsted County, MN Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Olmsted County, 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

Rule
Burning solid waste banned countywide
Only exception
Agricultural Sites under Minn. Stat. § 17.135
Never exempt
Tires, plastics, appliances, batteries, motor oil
Criminal penalty
Up to $1,000 fine and/or 90 days jail
Each day
Counts as a separate offense
Buried debris
Affidavit recorded within 90 days
Enforcement
County Attorney and Environmental Resources Dept.

Summary

Olmsted County bans burning solid waste anywhere in the county under Chapter 3500, Section 3508.07. The only exception is for residents of Agricultural Sites disposing of their own farm or household waste under Minnesota Statutes Section 17.135, and even that exemption excludes tires, plastics, appliances, batteries and motor oil. Everyone else must haul waste to a licensed facility.

City-specific rules exist: Rochester has its own outdoor burning rules that differ from Olmsted County's county-level regulations. If you live in Rochester, check the city-specific page instead.

3508.07 Prohibitions

Solid Waste Burning

Burning of Solid Waste is prohibited by this Ordinance, except as allowed on Agricultural Sites by the residents of the Agricultural Site as per Minnesota Statutes, Section 17.135... The exemption in paragraph (a), clause (1), does not apply to burning tires or plastics, except plastic baling twine, or to burning or burial of the following materials: (1) household Hazardous Waste as defined in section 115A.96, subdivision 1; (2) appliances, including but not limited to, major appliances as defined in section 115A.03, subdivision 17a; (3) household batteries; (4) used motor oil; and (5) lead-acid batteries from motor vehicles.

Full Breakdown

07's Prohibitions clause is direct: burning of Solid Waste is prohibited by the Ordinance except as allowed on Agricultural Sites under Minn. Stat. 135. That statute lets a farm owner bury, or burn and bury, household or farming-operation solid waste and certain construction concrete or rebar without a state permit, but only if done in a "nuisance-free, pollution-free, and aesthetic manner," and the exception disappears if regularly scheduled pickup is reasonably available at the farm, as determined by County Board resolution. The exemption never covers tires, plastics (other than plastic baling twine), household hazardous waste, major appliances, household batteries, used motor oil or lead-acid vehicle batteries; those materials cannot legally be burned or buried on a farm under any circumstance.

A landowner who buries concrete or rebar under the exemption must record an affidavit with the County Recorder within 90 days, describing the property and mapping the burial location, so the burial shows up in any later title search. Outside that narrow farm exception, burning trash in a barrel, pit or brush pile anywhere in Olmsted County is a straight violation of Chapter 3500, not a permit-and-pay situation.

Violations & Fines

Section 3511.01 lets the Environmental Resources Department and County Attorney pursue burning violations as a criminal matter, a civil Notice of Violation under the Chapter 4000 Administrative Enforcement and Appeals Ordinance, or a civil claim in court. A criminal conviction is a misdemeanor punishable by a fine of up to $1,000 and/or up to 90 days in jail, and each day a violation continues counts as a separate offense. The County can also seek injunctive relief, cost recovery for cleanup, and civil penalties on top of any fine.

Frequently Asked Questions

Can I burn trash in my yard in Olmsted County?
No. Chapter 3500, Section 3508.07 prohibits burning solid waste anywhere in the county. Unless you qualify for the narrow farm exception, trash goes to a licensed hauler or a designated disposal facility, not a burn barrel or brush pile.
Is there any exception for farms?
Yes, but it is limited. Residents of an Agricultural Site may burn and bury their own household or farm waste under Minn. Stat. § 17.135, done nuisance-free and pollution-free, and only if regular waste pickup is not reasonably available at the farm.
What can never be burned, even on a qualifying farm?
Tires, plastics other than baling twine, household hazardous waste, major appliances, household batteries, used motor oil and lead-acid vehicle batteries are excluded from the farm exemption under Section 3508.07 and Minn. Stat. § 17.135(b).
What happens if I get caught illegally burning waste?
The County can charge it as a misdemeanor carrying up to a $1,000 fine and 90 days in jail, or handle it as a civil Notice of Violation under the Chapter 4000 enforcement ordinance, with each day of continued violation treated as a separate offense.

Sources & Official References

Other rules in Olmsted County

All Olmsted County rules

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

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