HomeMy WebLinkAbout2026-05CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 2026-05
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING CHAPTER 5.12-IV RELATING TO OPEN BURNING
SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Chapter 5.12-
IV of the City's Code of Ordinances is hereby amended to read as follows (proposed language
is underlined, deleted language is shown with s" :
5.12.320 City May Be More Restrictive Than State Law
The council is authorized to impose, and has imposed in this article, additional restrictions on open
burning within its limits beyond those contained in Minn. Stat. ch. 88, as it may be amended from
time to time.
5.12.330 Adoption By Reference
The ambient air quality standards, air pollution control regulations of the Minnesota Pollution
Control Agency (MPCA), and the Open Burning Restrictions and Permitting Regulations of the
state department of natural resources (DNR) are adopted by reference and have the
same force and effect as if they were reproduced in their entirety.
5.12.340 Purpose
The purpose of this article is to regulate open burning within the City of Lake Elmo, to protect the
public health, safety and welfare. Through passage of this article, the designated fire official is
hereby authorized to adopt and impose burning restrictions to aid in the prevention of wildfire and
to consult with the department of natural resources (DNR), division of forestry to develop any
restrictions or other criteria.
5.12.350 Definitions
For purposes of this article, the following definitions shall apply unless the context clearly
indicates or requires a different meaning:
Fire code official means the city's fire chief or their authorized representative.
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
LA515\1\1092206.d2
or ewe cmpfire 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.
Portable outdoor fireplace means a portable, outdoor, solid -fuel -burning fireplace that may be
constructed of steel, concrete, clay or other noncombustible material. A portable outdoor fireplace
may be open in design,, e design may be equipped with a small hearth opening and a short
chimney or chimney opening in the top.
Recreational fire means a fire no more than three feet in diameter contained within a recreational
fire site: using dry, clean wood, producing little detectable smoke, odor or soot beyond the property
line; conducted with an adult tending the fire at all times; for recreational, ceremonial, or social
food preparation; extinguished completely before quitting the occasion; and respecting weather
conditions, neighbors, burning bans, and air quality requirements so that nuisance, health or safety
hazards will not be created. No more than one recreational fire is allowed on any property at one
time.
Recreational fire site means an area of no more than a three-foot diameter circle (as measured
from the inside of the fire ring or border) and eamp4@telg surrounded by non-combustible and
non -smoke or odor producing material, either natural rock, cement, brick, tile, blocks or ferrous
metal. Burning barrels are not a recreational fire site as defined herein. Recreational fire sites shall
not be located closer than 25 feet to any structure or combustible material.
Running fire means an attended fire allowed to spread through surface vegetative matter under
controlled conditions for the purpose of vegetative management, forest management, game habitat
management, or agricultural improvement.
Starter fuels means dry, untreated, unpainted, kindling, branches or charcoal fire starter. Paraffin
candles are permitted as a starter fuel and an aid to ignition only. Propane gas torches or other
clean gas burning devices causing minimal pollution may be used to start an open burn.
Vegetative materials means dry leaves, dry grass clippings, twigs, branches, tree limbs, and other
similar materials. Paper and cardboard are not considered vegetative materials.
Wood means dry, clean fuels, twigs, branches, limbs, manufactured fireplace logs, charcoal, or
cord wood. "Wood" does not include wood or wood based products that is green with leaves or
needles, rotten, wet, oil soaked, treated or manufactured with paint, glue, preservatives or other
chemicals.
5.12.360 Recreational Fires
Recreational fires are allowed without a permit under the following guidelines:
(1) Only clean, dry, wood can be burned.
LA515\1\1092206.v2
(2) The fire shall not exceed three feet in diameter with a flame height of three feet
maximum.
(3) The fire shall take place on the owner's property and shall be a minimum of 15
feet from property lines.
(4) The fire shall not be conducted within 25 feet of a structure or combustible
material.
(5) Portable outdoor fireplaces shall be used in accordance with the manufacturer's
instructions and shall not be operated within 15 feet of a stricture or
combustible material.
(6) The fire shall not be conducted if the wind speed exceeds ten miles per hour.
(7) The use of flammable or combustible liquid accelerants is not permitted.
(8) The fire must be constantly attended and supervised by an adult Lentil the fire
has been completely extinguished.
(9) A connected garden hose or other means to extinguish the fire must be readily
available.
(10) Any person planning to have a recreational fire must be aware of local burning
bans that have been issued by the state department of natural resources. If a
burning ban is in effect, all recreational fires are prohibited.
(11) The fire must be extinguished if it becomes a nuisance to others or if not under
adult supervision
5.12.370 Prohibited Materials
(a) No person shall conduct, cause or permit the open burning of dimensional lumber, oils,
petroleum fuels, rubber, plastic, chemically treated materials, or other materials that
produce excessive or noxious smoke such as, but not limited to: tires; railroad ties;
treated, painted or glued wood composite shingles; tar paper; insulation; composition
board; sheet rock, wiring; or paint and paint filters.
(b) No person shall conduct, cause or permit the open burning e of hazardous waste or
materials from salvage operations; solid waste generated from an industrial or
manufactured process; materials from a service or commercial establishment; or
building materials generated from construction and/or demolition of commercial or
institutional strictures.
(c) No person shall conduct, cause or permit the open burning of discarded materials
resulting from the handling, processing, storage, preparation, serving or consumption
of food.
LA515\1\1092206.d2
(d) No person shall conduct, cause or permit the open burning of any leaves or grass
clippings.
(e) No person shall conduct, cause or permit the open burning of any wood or other
vegetative materials th -eug1� using a burner, as described in Minn. Star. §
88.16, within the city's jurisdiction.
(f) No person shall conduct, cause or permit the open burning of any materials that have
been hauled onto the site.
(g) No person shall conduct, cause or permit the open burning on any commercial property
within the City of Lake Elmo.
5.12.380 Open Burning Prohibited Except By Permit
No person shall start or allow any open burning on any property in the city without first having
obtained an open burning permit. A permit is not required for any fire which is a recreationalkamp
a-"__ -a in ..__':..__ 5.12.35^. which is a recreational fire as defined in section
12 350 or campfire as defined in Minn Star. 88.01. Subd 25 as amended from time to time
5.12.390 Permitted Open Burning: Special Circumstances
(a) Under special or extraordinary circumstances, open burning permits may be issued by
the city or by a DNR forestry official for:
(1) Elimination of health hazard that cannot be abated by other practical means, as
determined by the commissioner of health or the local health authority.
(2) Ground thawing for utility repair and construction.
(3) Running fires (prairie restoration).
(4) Disposal of diseased trees generated on -site, diseased or infected nursery stock,
or diseased bee hives.
(b) Fire training permits may only be issued by the Minnesota Department of Natural
Resources (DNR).
(c) Permits for the operation of a permanent tree and brush burning sites may only be
issued by the Minnesota Department of Natural Resources (DNR).
5.12.395 Permitted Open Burning. Where Permitted
u, , is Rg—grally „110ea t,, psc;jjroneatt, r• a n
;zonpd as ult., ..1 D, ..1 C' 1 R '1 D 1 D 'A t' 1 D 1 T 't' 1
z�tl&F�12lR4444p 1 T1«;t
LA515\1\1092206.v2
(e) Licenses, When Required.
(1) Running Fire. A license issued by the Minnesota Department of Natural Resources
(MM) is required to conduct, manage. or participate in a running fire operation.
This includes operations on private property. Contractors shall provide license
information at time of application.
(a) An open burning permit may be issued for an open burn in areas of the city zoned:
1) as Agricultural Rural Single Family. Rural Residential Rural Transitional, Open Space
Planned Unit Development, and on select Public Facilities
2) As Low Density Residential. One and Two Family Residential Residential Estate Village
Low Density Residential. and Village Mixed Use, subject to special considerations at the time of
application.
(b) An open burning permit shall not be issued for any area of the city which is not zoned in a
classification provided under 5.12.395(a)including Medium Density Residential High Density
Residential, Village Medium Density Residential. Village High Density Residential, and any
/alI
Commercial districts except that open burning for the purpose of conducting a running fire may
be permitted in any zoned area of the City if such open burning is performed by a contractor with
a valid and appropriate license from the Minnesota Department of Natural Resources (DNR.
5.12.400 Open Burn Permit Application Procedure
(a) The applicant must submit a completed Open Burn Permit application and fire service fee
will be charged in accordance with the city's fee schedule.
(b) Schedule a preliminary site inspection to locate the proposed burn site.
LA515\1\1092206.v2
(c) No burning shall take place without first having obtained an open burn permit.
(d) An extended length of the burn permit shall be determined by the fire chief or designee of
the fire chief.
5.12.410 Denial
If established criteria for the issuance of an open burning permit are not met, or during review of
said application, it is determined that a practical alternative method of disposal of the material
exists, or a pollution or nuisance condition would result, then the fire chief, or designee of the fire
chief, may deny the open burning permit application.
5.12.420 Revocation
The open burning permit is subject to revocation at the discretion of the city fire chief, or designee
of the fire chief. Reasons for revocation iaelud@, bu include but are not limited to: a fire hazard
existing or developing during the course of the burn, any of the conditions of the permit being
violated during the course of the burn, pollution or nuisance conditions developing during the
course of the burn, or a fire smoldering with no flame present.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 21)U-05was adopted on this 501 day of May,
2026, by a vote of _ 5 Ayes and _Nays.
LADE ELMO CITY COUNCIL
Charles Cadenhead, Mayor
ATTEST:
Ju ie ohn City Clerk
LA515\1\1092206.v2