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Blaine, MN Outdoor Cooking: Smoker Rules (2026)

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

Key Facts

Exempted devices
charcoal grills, wood smokers, hibachis, gas cookers
Governing definition
Blaine City Code § 38-52
Permit needed for exempt devices
none, they are not open burning
State law basis
M.S.A. ch. 88 adopted by reference
Enforcing agency
Spring Lake Park/Blaine/Mounds View Fire Department

Summary

In the City of Blaine, charcoal grills, wood smokers, manufactured hibachis, and propane or natural gas cooking devices are defined out of the open burning rules entirely under Blaine City Code § 38-52. Routine backyard grilling and smoking food need no open burning permit and are not touched by the fire department's burn-ban authority.

Open burning means the burning of any matter if the resulting combustion products are emitted directly into the atmosphere without passing through a stack, duct or chimney, except a recreational or camp fire, as defined herein. Mobile cooking devices, such as charcoal grills, wood smokers, manufactured hibachis, and propane or natural gas devices are not considered open burning devices.

Full Breakdown

Blaine's open burning article, Article III of Chapter 38, is built off state law: Blaine City Code § 38-49 adopts M.S.A. ch. 88 by reference for definitions, permits, and operating conditions, and § 38-50 lets the city council go further than the state minimum within city limits. Section 38-52 carries the article's definitions, and it draws a hard line between 'open burning', combustion products released directly into the air without passing through a stack, duct or chimney, and ordinary outdoor cooking. The section spells out that mobile cooking devices, meaning charcoal grills, wood smokers, manufactured hibachis, and propane or natural gas cooking devices, are not considered open burning devices at all.

Because they sit outside that definition, they are not swept into the permit requirement in Blaine City Code § 38-54, the prohibited-materials list in § 38-53, or the burning-ban and air-quality-alert authority the designated fire official holds under § 38-61. A resident firing up a charcoal grill or a wood smoker in the backyard is not applying for an open burning permit and is not shut down when the fire department declares a burning ban for wildfire conditions, because that ban targets open burning and recreational fires, not cooking appliances.

The Spring Lake Park/Blaine/Mounds View Fire Department administers this chapter for the city. Anything that does not fit the mobile cooking device carve-out, an uncontained wood pile lit for disposal, for example, falls back under the open burning rules and needs a permit unless it separately qualifies as a recreational fire.

Violations & Fines

Because mobile cooking devices are excluded from Blaine's open burning definition, using a grill, smoker, hibachi, or gas cooker carries no permit violation under this article. Violating the open burning rules that do apply, burning without a permit or during a declared ban, is a misdemeanor under the city's general penalty in Blaine City Code § 1-7, punishable by up to a $1,000 fine, up to 90 days in jail, or both, with each day of continued burning a separate offense.

Frequently Asked Questions

Do I need a permit to use a smoker or charcoal grill in Blaine?
No. Blaine City Code § 38-52 defines mobile cooking devices, including charcoal grills, wood smokers, hibachis, and propane or natural gas devices, as not being open burning at all, so the open burning permit in § 38-54 does not apply to them.
Does a city burning ban stop me from grilling?
No. The burning ban and air quality alert authority in § 38-61 applies to open burning and recreational fires, not to mobile cooking devices, which fall outside the open burning definition entirely.
What outdoor cooking device rule applies instead?
None specific to cooking devices; Blaine's open burning article, §§ 38-49 through 38-61, simply does not regulate charcoal grills, smokers, hibachis, or gas cookers, since the definition in § 38-52 excludes them from the article's scope.

Sources & Official References

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