De Pere, WI Outdoor Cooking: BBQ & Propane Rules (2026)
Key Facts
- Multifamily balcony grilling
- Prohibited above the first floor
- Ground-floor clearance
- 15 feet from structure or combustibles
- Applies to
- Multifamily dwellings more than one story
- Single/two-family homes
- Exempt from the 15-foot setback
- Smoke standard
- Cannot create a nuisance for neighbors
Summary
De Pere exempts residential cooking grills from its open burning ban under Code § 58-9(c), but multifamily buildings taller than one story cannot use a propane, charcoal, wood or gas cooking device above the first floor, and any ground-floor grill has to stay 15 feet from the building and combustible materials.
(c)Residential outdoor cooking fire. Open or closed cooking grills in residential occupancies are exempt from prohibition, except as follows:(1)For all multifamily dwellings more than one story in height, the use of any propane, charcoal, wood or gas cooking device is prohibited above the first floor occupancy.(2)For all multifamily dwellings more than one story in height, the use of any open or closed outdoor cooking fire, charcoal or propane cooking device, or any open flame device, is prohibited within 15 feet of the structure on the ground floor or any combustible material on the ground floor. Smoke from cooking grills shall not create a nuisance for neighboring property owners.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 9).
Full Breakdown
Section 58-9(c) of the De Pere Code of Ordinances exempts open and closed cooking grills at residential occupancies from the citywide open-burning prohibition, but the exemption carries real limits for multifamily housing. In any multifamily dwelling more than one story tall, no propane, charcoal, wood or gas cooking device may be used anywhere above the first floor occupancy, which rules out grilling on upper-floor balconies and decks entirely. Even on the ground floor of those buildings, an open or closed outdoor cooking fire, a charcoal or propane cooking device, or any other open-flame device must stay at least 15 feet away from the structure itself and from any combustible material at ground level.
The section also folds in a nuisance standard: smoke from a cooking grill can't create a nuisance for neighboring property owners, mirroring the same complaint-driven standard the code applies to recreational fires under subsection (b). Single-family and two-family homes are not subject to the multifamily floor and setback restrictions, so a homeowner can grill on a first-floor patio or deck without the 15-foot separation multifamily buildings must observe, though the general nuisance-smoke rule still applies to everyone.
Violations & Fines
A grill or propane device used above the first floor of a multifamily building, or placed inside the 15-foot ground-floor clearance, violates section 58-9(c) and is enforced under the chapter 58 penalty at section 58-10, tied to the citywide forfeiture schedule in section 1-11. A landlord or property manager who allows repeated violations on a property can also face nuisance-smoke complaints investigated the same way as a recreational-fire complaint.
Frequently Asked Questions
Can I use a propane grill on my apartment balcony in De Pere?
How far from the building does a ground-floor grill have to be at an apartment complex?
Do single-family homeowners have to keep their grill 15 feet from the house?
Sources & Official References
Other rules in De Pere
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