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Rochester, MN Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Rochester, 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 for
Open burning of vegetation, brush, trees, debris
Application fee
$75.00 per location (§ 8-2-4(g))
Permit fee
$300.00 per open burning site
Permit term
30 days, one 30-day extension allowed
Recreational fire exemption
≤3 ft diameter, ≤2 ft height, 25 ft from structures
Unpermitted burning penalty
Misdemeanor, each day a separate offense

Summary

Rochester requires a fire department operational permit before any open burning of vegetation, brush, trees, or land-clearing debris. The permit costs $300 per location plus a $75 application fee, runs 30 days, and can be extended. Burning without one is a misdemeanor. Small recreational fires under 3 feet across are exempt if kept 25 feet from structures.

A fire department operational permit for open burning shall be valid for a period of 30 days or such time period as designated on the permit. If the open burning activity continues for greater than 30 days, the permit may be extended for an additional 30 days at the discretion of the fire code official. A permit fee as specified in section 8-2-4(f) for each open burning permit shall be charged per location. Open burning for the disposal of vegetation, brush, trees and other materials is regulated by fire department policy in order to protect the safety and health of our citizens. Open burning for projects such as prairie restoration, buckthorn removal, land development and similar situations will be considered by the code official and a permit issued.

View official code

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

Under Rochester City Code § 8-2-6(b), anyone who wants to burn vegetation, brush, trees, or other land-clearing debris outdoors must first obtain a fire department operational permit. The permit is valid for 30 days from issuance, though the fire code official may grant a single 30-day extension if the burning project is not finished. Projects such as prairie restoration, buckthorn removal, and land development burns are evaluated case by case, and the fire code official decides whether to issue the permit. 00 permit fee for each open burning site.

The code draws a line between this permitted "open burning" and a much narrower category called a "recreational fire," defined in § 8-2-2(c). A recreational fire is limited to pleasure, religious, ceremonial or cooking purposes; it cannot be used to dispose of trees, brush, or vegetation; the fuel pile cannot exceed three feet in diameter and two feet in height; it must sit at least 25 feet from any structure or combustible material; and someone must attend it with an extinguishing method on hand at all times.

Because recreational fires meeting those limits fall outside the "open burning" permit requirement, a backyard fire pit used for cooking or gathering does not need a city permit, but exceeding the size or distance limits, or burning for disposal purposes, pushes the activity into the permitted category. The fire chief and fire code official administer the permit program citywide.

Violations & Fines

Conducting open burning without a valid fire department operational permit is a misdemeanor under § 8-2-18(b). Section 8-2-18(a) also makes each day that a prohibited burn continues a separate offense, and imposing one penalty does not excuse the violation or let it continue; the fire code official can still force removal of the prohibited burning materials regardless of any fine imposed.

Frequently Asked Questions

Do I need a permit to burn brush in my yard in Rochester, MN?
Yes. City Code § 8-2-6(b) requires a fire department operational permit for open burning of brush, trees, or vegetation, and the fire code official reviews the request, including projects like buckthorn removal or land clearing, before issuing it.
How much does an open burning permit cost in Rochester?
Section 8-2-4(g) sets the fee at $75.00 per location for the application plus a $300.00 permit fee for each open burning site, payable to the fire department before the burn begins.
Can I have a small campfire without a permit?
Yes, if it meets the recreational fire definition in § 8-2-2(c): fuel no larger than 3 feet across and 2 feet tall, at least 25 feet from any structure, and continually attended with a way to put it out.
What happens if I burn without a permit in Rochester?
Section 8-2-18(b) makes unpermitted open burning a misdemeanor, and § 8-2-18(a) treats each day the prohibited burn continues as a separate offense, on top of any forced removal of the burning materials.

Sources & Official References

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

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