Union County, NC Fire Regulations: Fire Pits & Backyard Fires (2026)
Fire pit rules in Union County, NC, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.
Key Facts
- Setback status
- Permitted obstruction, Table 100-1
- Rear-yard accessory setback
- 5 feet if behind rear building line
- Height-based extra setback
- 1 extra foot per foot over 12 feet
- Lot coverage cap
- 40% for all principal and accessory structures
- Open burning/permits
- Governed by NC Fire Code, not the UDO
Summary
In unincorporated Union County, the Unified Development Ordinance lets barbeque pits and outdoor fireplaces stand inside any required street, side or rear yard setback under Table 100-1, so long as the structure meets Article 35's general accessory-structure standards, including its own 5-foot rear and side setback once it sits behind the house.
Table 100-1: ... Permitted Setback Obstructions (amended 8-6-2018) Street Side Rear Obstruction/Projection into Required Setback ... Barbeque pits and outdoor fireplaces (must comply with Article 35) Yes Yes Yes 2. ... Accessory buildings located in the rear yard (completely behind the rear building line) of an allowed residential use are subject to minimum rear and interior side setbacks of 5 feet, provided that if the high point of the roof or any appurtenance of an accessory building exceeds 12 feet in height, the accessory building must be set back from rear and side lot lines an additional one foot for every one foot of height exceeding 12 feet up to the required principal building setback; thereafter, no further setback is required. 3. ... In residential zoning districts, the maximum lot coverage of all principal and accessory buildings on the lot may not exceed 40% of the lot.
Full Breakdown
050 lists permitted setback obstructions for every zoning district in unincorporated Union County, and barbeque pits and outdoor fireplaces are on that list, marked as allowed to project into the street, side and rear setback, on the condition that the installation must comply with Article 35. Article 35, Accessory Uses and Structures, sets the standards that provision references: an accessory structure such as a built-in fire pit or outdoor fireplace located in the rear yard, completely behind the rear building line of the house, only needs a 5-foot rear and interior side setback rather than the full principal-building setback, which runs from 40 feet down to 20 feet under Table 5-2 depending on the district.
020 requires an extra foot of setback from the rear and side lot lines for every foot of height above 12 feet, until the setback reaches the principal building's own requirement. Article 35 also caps the combined footprint of all principal and accessory buildings, which includes a permanent masonry fire pit or outdoor fireplace, at 40 percent of the lot. The UDO does not regulate open burning itself or require a burn permit for a residential fire pit; that is governed separately by the North Carolina Fire Code, which Union County's fire prevention ordinance adopts by reference.
Violations & Fines
Installing a fire pit or outdoor fireplace inside the required principal-building setback, or exceeding the 40 percent lot coverage cap once its footprint is added in, is a UDO violation under Section 95.010. The administrator and county attorney enforce it with a 10-day warning citation followed by escalating fines of $50, $200 and $500 for repeat citations under Section 95.020, plus misdemeanor exposure of up to $500 or 30 days under NCGS 14-4 for continued noncompliance.
Frequently Asked Questions
Can I put a fire pit in my backyard setback in unincorporated Union County?
Does a fire pit count toward my lot coverage limit?
Do I need a burn permit to use a fire pit?
Sources & Official References
Other rules in Union County
How Union County compares: Cities with the Strictest Fire Pit Rules·Compare Union County to another location·View the North Carolina fire regulations overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.