Carver County, MN Outdoor Cooking: Smoker Rules (2026)
Key Facts
- Permit needed for grills/smokers
- No
- Governing exclusion
- § 53.02 RECREATIONAL FIRE definition
- Chapter 53 purpose
- Solid-waste disposal burning only
- 25-foot setback applies?
- No, excluded from that rule
- Burn ban applicability
- Does not cover grills or smokers
Summary
Charcoal grills, propane grills, and natural gas smokers are carved out of Carver County's open burning code entirely. Section 53.02 says these 'mobile cooking devices' are not recreational fires, and Chapter 53 only governs burning to dispose of solid waste, so cooking on a grill or smoker in the unincorporated county needs no DNR permit, size limit, or setback.
(A) This subchapter regulates the disposal, by the method of burning, of solid waste materials in Carver County. ... RECREATIONAL FIRE. A fire set with approved starter fuel, with the materials to be burned no more than 3 feet in diameter and 3 feet in height, using dry, clean wood ... Mobile cooking devices such as, charcoal grills, propane, and natural gas devices are not defined as recreational fires. Recreational fires shall not be located closer than 25 feet to any structure.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-20: Supplement contains: Local legislation current through Ord. 111-2025, passed 7-25-25).
Full Breakdown
07. 02 draws two categories of fire that don't need that permit: RECREATIONAL FIRE, defined as a small wood fire no larger than 3 feet by 3 feet kept at least 25 feet from a structure, and, separately, mobile cooking devices. The recreational-fire definition states plainly that 'Mobile cooking devices such as, charcoal grills, propane, and natural gas devices are not defined as recreational fires,' which places charcoal grills, propane grills, and gas or pellet smokers outside the recreational-fire conditions (the 3-foot size cap, the 25-foot setback, the dry-clean-wood fuel rule) as well as outside the OPEN BURNING definition itself, since that definition covers combustion 'emitted directly to the atmosphere without passing through a stack, duct or chimney' for waste-disposal purposes, not routine food preparation.
' Smoke, odor, or fire-safety complaints tied to a smoker would instead fall to the county's separate nuisance and fire-safety provisions rather than Chapter 53.
Violations & Fines
Chapter 53 sets no fee, permit, or setback for charcoal grills, propane grills, or gas smokers, so there is no permit-based penalty in § 53.99 for using one. A grill or smoker fire that gets out of control and spreads, or that becomes a smoke or noise nuisance, can still be addressed under the county's separate nuisance and fire-safety provisions, with any resulting misdemeanor or civil liability arising under those other chapters rather than under the open-burning penalty in § 53.99.
Frequently Asked Questions
Do I need a permit to use a smoker or grill in unincorporated Carver County?
Does the 25-foot setback for fire pits apply to my grill?
Can I still use my smoker during a county burning ban?
What if my smoker starts a fire that spreads to a neighbor's yard?
Sources & Official References
Other rules in Carver County
Compare Carver County to another location·View the Minnesota outdoor cooking overview
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