Tree waste rules in Minnesota: burning permits, permanent tree and brush sites and prohibited materials

This page reports what the official source says. It is not legal advice: ask the office named here. It follows sections 88.17 and 88.171 of the 2025 Minnesota Statutes as published by the Office of the Revisor of Statutes, and the Minnesota Pollution Control Agency solid waste fact sheet dated January 2024.

Who gives permission to burn

According to section 88.17 on permission to start fires, permission to burn vegetative materials may come from the commissioner of natural resources or an agent, as a written permit from a forest officer or fire warden, as an electronic permit, or as a general permit adopted by a county board. It says a permit sets the time and conditions, lists the materials that may be burned, must be carried and shown on request, and that the permittee stays with the fire until it is out. The section says violating or exceeding the permit conditions is a misdemeanor and cause to revoke the permit.

The pollution control fact sheet says burning permits are required for all open burning other than small recreational fires, that in southern counties without Department of Natural Resources forestry offices county sheriffs are often delegated to issue them, and that in general only vegetative debris (brush, logs, stumps, grass, leaves) and clean wood never treated, painted or stained can be burned with a permit.

Fees

Section 88.17 sets the annual fee for an electronic burning permit at US$5 for a noncommercial permit. For commercial enterprises that obtain multiple permits it is US$5 per permit for each burning site, up to US$50 per business per year. Fire wardens who issue written permits may charge up to US$1, and the section says it does not limit a local government from charging an administrative fee.

Permanent tree and brush burning sites

The same section sets out a special permit for a permanent tree and brush burning site, required at all times including when the ground is snow-covered. It says the application goes to the commissioner at least 90 days before operation and lists the owner and operator details, a description of the material with source and estimated quantity, hours and dates, smoke management, and a map showing structures within one mile. It says only trees, tree trimmings or brush that cannot be disposed of by an alternative method such as chipping or composting are permitted to be burned at such a site, and that the site must not create a nuisance or endanger water quality.

What section 88.171 bars

Burning rubber, plastics, chemically treated materials and other smoke-producing items such as tires, treated lumber, shingles and paint, all year round.
Burning solid waste from industrial, manufacturing, service or commercial sources. The section says the commissioner may allow raw, untreated wood to be burned if reuse, recycling or land disposal is not feasible or prudent.
Open burning during a burning ban set by a local authority, county or state agency.
Letting a fire smolder without visible flame, except in managing forests, prairies or wildlife habitat.

The fact sheet adds that burning waste to avoid disposal costs can lead to an order to dispose of the unburned waste and ash at a lined facility.

For other places see the table on tree waste and chip rules. Wisconsin has its own page: tree waste rules in Wisconsin.