Minnesota Statewide Rule

Minnesota DNR Open Burning Permit Requirements

Heavy RestrictionsApplies statewide across Minnesota (2026)

Key Facts

Statute: Minn. Stat. 88.16-88.22
Permit issuer: Minnesota DNR
Snow exemption: 3+ inches ground cover
Banned materials: Garbage, plastics, treated wood
Liability: Full suppression costs

Last verified: August 20, 2026Source: Minnesota Revisor of Statutes

Summary

Minnesota law requires a DNR-issued burning permit for most outdoor open burning when ground is not snow-covered. Burning prohibited materials like garbage, plastics, and treated wood is illegal statewide regardless of permit status.

88.17 PERMISSION TO START FIRES; PROSECUTION FOR UNLAWFULLY STARTING FIRES. § Subdivision 1. Permission required. (a) Permission to start a fire to burn vegetative materials and other materials allowed by Minnesota Statutes or official state rules and regulations may be given by the commissioner or the commissioner's agent. This permission shall be in the form of: (1) a written permit issued by a forest officer, fire warden, or other person authorized by the commissioner; (2) an electronic permit issued by the commissioner, an agent authorized by the commissioner, or an Internet site authorized by the commissioner; or (3) a general permit adopted by the county board of commissioners according to paragraph (c). (b) Written and electronic burning permits shall set the time and conditions by which the fire may be started and burned. The permit shall also specifically list the materials that may be burned. The permittee must have the permit on their person and shall produce the permit for inspection when requested to do so by a forest officer, conservation officer, or other peace officer. The permittee shall remain with the fire at all times and before leaving the site shall completely extinguish the fire. A person shall not start or cause a fire to be started on any land that is not owned or under their legal control without the written permission of the owner, lessee, or an agent of the owner or lessee of the land.

Source: Minnesota Revisor of StatutesView official code

Full Breakdown

Under Minn. Stat. 88.16-88.22, open burning of vegetative debris generally requires a permit issued by the Minnesota DNR or local fire warden when at least three inches of snow does not cover the ground. Minn. Stat. 88.171 prohibits burning oils, rubber, plastics, chemically treated materials, garbage, or animal waste anywhere in the state. The DNR maintains a daily statewide burning restriction map; permits become invalid during high fire danger. Violations are misdemeanors and burners are civilly liable for fire suppression costs. These rules apply uniformly across Minnesota; cities may add restrictions but cannot waive state burning bans.

Violations & Penalties

Open burning without required permit or burning prohibited materials is a misdemeanor with fines up to $1,000. Burners are also liable for full fire suppression costs and damages.

Frequently Asked Questions

Do I need a permit to burn leaves in Minnesota?

Yes, in most cases. Unless ground is snow-covered with at least 3 inches, a DNR or local fire warden permit is required to burn vegetative debris. Permits are free and obtainable online or from a fire warden.

Can I burn household garbage outdoors?

No. Minn. Stat. 88.171 prohibits open burning of garbage, plastics, rubber, treated wood, oils, and animal waste anywhere in Minnesota, regardless of permit. Only clean vegetative debris may be burned.

Are recreational campfires exempt?

Generally yes. Small recreational campfires under 3 feet in diameter and 3 feet high using clean wood typically don't require a DNR permit, but burning bans during high fire danger override this exemption.

Sources

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