Eagan has no smoker-specific ordinance; smokers fall under the fire-code grilling rules. Backyard smoking is allowed at single-family homes. In buildings with three or more dwelling units, City Code Sec. 10.40 and the Minnesota State Fire Code bar using or storing any open-flame or fuel cooking device, including smokers, on above-ground balconies or within 15 feet of the structure.
The City of Eagan does not publish a separate ordinance addressing wood, pellet, charcoal, or propane smokers; they are treated as grills and open-flame cooking devices under Eagan City Code Chapter 10, Section 10.40 and the adopted Minnesota State Fire Code (Appendix O). For detached single-family homes, smoking meat in the backyard is permitted, subject to general fire safety. The binding restriction applies to multi-family housing: in any structure containing three or more dwelling units with a common hallway or shared egress, no grill or open-flame cooking device - electric, gas, charcoal, or open flame, which includes smokers - may be used or stored on any balcony above ground level, or on a ground-floor patio within 15 feet of the structure. Storing or using fuel, barbecues, or torches in those locations is likewise prohibited. Because most smokers burn charcoal, wood, or pellets and produce open flame and embers, they are squarely within the prohibition for apartment and condo balconies and patios. Propane-fired smokers must keep cylinders stored outdoors at least 10 feet from building openings. Smoke that creates a nuisance for neighbors may also be addressed under the City's general nuisance provisions. Residents should contact the Eagan Fire Marshal at 651-675-5905 with specific questions.
Using or storing a smoker on an above-ground balcony, or within 15 feet of a building with three or more dwelling units, violates Eagan City Code Sec. 10.40 and the adopted Minnesota State Fire Code and is enforced by the Eagan Fire Department. Excessive smoke affecting neighbors may also trigger nuisance enforcement.
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