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Apple Valley, MN Outdoor Cooking: BBQ & Propane Rules (2026)

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

Key Facts

Covered buildings
Two or more dwelling units on more than one level
Banned location
Balconies above ground level
Ground floor patios
Banned within 15 feet of the structure
Banned items
Open flame, fuel, barbecues, torches and similar devices
Only exception
Permanently mounted, wired or plumbed grills, Fire Chief approved
Required clearance
18 inches on all sides unless listed for less

Summary

In the City of Apple Valley, Minnesota, § 93.06 bans open flame, barbecues, torches and fuel on balconies above ground level, and on ground floor patios within 15 feet of the structure, in buildings with two or more dwelling units on more than one level. Permanently plumbed or wired grills need Fire Chief approval.

(A) Open flame prohibited. In any structure in which there are two or more dwelling units on more than one level, no person shall kindle, maintain or cause any fire or open flame on any balcony, above ground level, or on any ground floor patio within 15 feet of the structure. This provision does not apply to structures in which each of the separate dwelling units has its own private means of ingress and egress. (B) Fuel storage prohibited. No person shall store or use any fuel, barbecue, torch or similar heating or lighting chemical or device in the locations designated in division (A) above. (C) Exception. Listed electric or gas-fired barbecue grills that are permanently mounted, wired or plumbed to the building’s gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the Fire Chief.

Full Breakdown

Section 93.06 of the Apple Valley Code of Ordinances is aimed at multifamily buildings. It applies to any structure with two or more dwelling units on more than one level. In those buildings, no person can kindle, maintain or cause any fire or open flame on any balcony, above ground level, or on any ground floor patio within 15 feet of the structure. Division (B) goes further than flame: no person can store or use any fuel, barbecue, torch or similar heating or lighting chemical or device in those same locations, which puts propane cylinders and portable charcoal or gas grills off the balcony entirely.

The ban does not reach buildings in which each separate dwelling unit has its own private means of ingress and egress, so townhome-style units with their own entrances fall outside § 93.06(A). It also does not reach a ground floor patio farther than 15 feet from the structure.

There is one exception, written narrowly in § 93.06(C). Listed electric or gas-fired barbecue grills that are permanently mounted, wired or plumbed to the building's gas supply or electrical system, and that maintain a minimum clearance of 18 inches on all sides unless listed for lesser clearances, can be installed on balconies and patios when the Fire Chief approves. A freestanding grill fed from a portable cylinder does not fit that description.

The Fire Department enforces the section. Under § 93.03(A), the Fire Chief and Fire Marshal can issue a citation in lieu of arrest or continued detention. The Minnesota State Fire Code is also adopted in § 93.21 and enforced by the Bureau of Fire Prevention within the Apple Valley Fire Department under § 93.22.

Violations & Fines

Under § 93.99(A), a violation of any provision of Chapter 93 is a misdemeanor punishable as provided in § 10.99, which sets a fine and jail term up to the maximums for a misdemeanor in Minnesota Statutes Chapter 609. Each violation is a separate misdemeanor, and one penalty does not excuse the violation or let it continue. A person found guilty must correct or remedy the violation within a reasonable time determined by the Fire Chief.

Frequently Asked Questions

Can I use a propane grill on my apartment balcony in Apple Valley, Minnesota?
Not in a building with two or more dwelling units on more than one level. Section 93.06(A) bans open flame on balconies above ground level, and § 93.06(B) bans storing or using fuel or a barbecue there. Only a permanently mounted, wired or plumbed grill approved by the Fire Chief qualifies for the exception.
What about a ground floor patio?
Open flame, fuel and barbecues are banned on a ground floor patio within 15 feet of the structure in a covered building. A patio farther than 15 feet from the structure is not within the locations listed in § 93.06(A).
Do townhomes fall under the balcony grill ban?
Not if each separate dwelling unit has its own private means of ingress and egress. Section 93.06(A) says the provision does not apply to structures built that way. The ban targets buildings with two or more units on more than one level that share access.
Who approves a built-in grill on a balcony?
The Fire Chief. Section 93.06(C) allows listed electric or gas-fired grills that are permanently mounted, wired or plumbed to the building's gas supply or electrical system, with a minimum clearance of 18 inches on all sides unless listed for lesser clearances, when approved by the Fire Chief.

Sources & Official References

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