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Apple Valley, MN Outdoor Cooking: Smoker Rules (2026)

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

Key Facts

Smokers and grills
Not "recreational fires" under § 93.31
Balcony flame ban
Multi-level buildings with two or more units (§ 93.06(A))
Ground patio limit
No open flame within 15 feet of the structure
Fuel storage
Barred in the same balcony and patio areas
Fixed grill exception
18-inch clearance and Fire Chief approval

Summary

In the City of Apple Valley, Minnesota, wood smokers, charcoal grills, hibachis and propane or natural gas grills are not recreational fires under § 93.31. The main restriction is § 93.06: no open flame on balconies or within 15 feet of the building on ground floor patios of stacked multifamily buildings.

(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. ... RECREATIONAL FIRE. ... A fire for recreational, ceremonial, food preparation for social events. Mobile cooking devices, such as manufactured hibachis, charcoal grills, wood smokers and those that burn propane or natural gas, are not defined as “recreational fires”.

Full Breakdown

Apple Valley Code of Ordinances § 93.31 defines a recreational fire and then carves out cooking equipment: mobile cooking devices, such as manufactured hibachis, charcoal grills, wood smokers and those that burn propane or natural gas, are not defined as recreational fires. That definition matters because the fire pit rules in § 93.32 (three-foot site, 25 feet from a combustible structure, 15 feet from the property line, wind limit, wood length) are written for recreational fires and recreational fire sites. A smoker or grill on a single-family lot sits outside that definition.

The restriction that does reach grills is § 93.06, Fires or Barbecues on Balconies. In any structure with two or more dwelling units on more than one level, 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. Section 93.06(B) adds that no person can store or use any fuel, barbecue, torch or similar heating or lighting chemical or device in those locations. The rule does not apply to structures in which each separate dwelling unit has its own private means of ingress and egress, so townhome-style units with their own entrances are outside it.

One exception exists 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 keep 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 them. A portable grill on an apartment balcony does not qualify. The Apple Valley Fire Department enforces Chapter 93 through its Bureau of Fire Prevention under § 93.22.

Violations & Fines

Section 93.99 makes a violation of any provision of Chapter 93 a misdemeanor punishable as provided in § 10.99. Each violation is a separate misdemeanor, one penalty does not excuse the violation, and a person found guilty must correct the defect within a reasonable time as determined by the Chief.

Frequently Asked Questions

Is a wood smoker treated as a fire pit in Apple Valley, Minnesota?
No. Section 93.31 says mobile cooking devices such as hibachis, charcoal grills, wood smokers and propane or natural gas grills are not defined as recreational fires. The fire pit site, distance and wood rules in § 93.32 are written for recreational fires, so they do not attach to a smoker by that definition.
Can I barbecue on my apartment balcony in Apple Valley?
Not with a portable grill. Section 93.06 bars any fire or open flame on a balcony above ground level in a building with two or more dwelling units on more than one level, and bars storing or using barbecue fuel there. Only permanently mounted or plumbed grills approved by the Fire Chief qualify.
Does the balcony rule cover ground floor patios?
Yes, within 15 feet of the structure. Section 93.06(A) covers any ground floor patio within 15 feet of a multi-level, multi-unit building. It does not apply where each separate dwelling unit has its own private means of ingress and egress.
What clearance does a built-in balcony grill need in Apple Valley?
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 if they keep a minimum clearance of 18 inches on all sides, unless listed for lesser clearances, and the Fire Chief approves the installation.

Sources & Official References

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