Highlands County, FL Outdoor Cooking: BBQ & Propane Rules (2026)
Key Facts
- Underground tanks
- Allowed anywhere in required side/rear yard
- Above-ground setback
- 5 feet minimum from side or rear lot line
- Easements
- Tanks may not encroach into any easement
- Waiver option
- Development services director can waive under § 12.05.318
- Max fine
- $500 per violation, § 2-382
Summary
Unincorporated Highlands County lets homeowners place a propane tank in a required side or rear yard only if it's fully underground, or otherwise no closer than five feet to the side or rear lot line. Tanks already regulated by state or federal agencies, and any tank placed in a recorded easement, are treated differently under this yard-encroachment allowance.
M.Propane tanks which are not regulated by state or federal agencies may be located within any required side or rear yard if completely underground or otherwise may be located no closer than five feet to the side or rear lot line. Propane tanks shall not be located in or encroach into any easement.
Full Breakdown
401(M), part of the Land Development Regulations' Article 5 yard-encroachment standards, addresses where a propane tank may sit relative to a home's required side and rear yards. Propane tanks that are not already regulated by state or federal agencies, typically smaller residential cylinders and tanks rather than large commercial or bulk storage tanks subject to state fire-marshal rules, may be located within a required side or rear yard if the tank is placed completely underground. An above-ground tank not otherwise state- or federally-regulated may instead sit in the yard, but only if it stays no closer than five feet to the side or rear lot line.
401(M) bars placing or letting the tank encroach into any recorded easement, so a tank cannot sit within a utility, drainage or access easement even if it otherwise satisfies the five-foot setback. 401(L)). 318, which can adjust yard requirements after review of hardship, neighbor consent and other criteria.
Violations & Fines
Placing a propane tank inside the five-foot setback, above ground and outside an easement, or without the required underground burial is treated as a Land Development Regulations violation. Development Services code enforcement issues a correction notice; an uncorrected placement can go to the code enforcement special magistrate, which can order relocation or removal of the tank and fine the property owner up to $500 per violation under § 2-382, with daily fines for continued noncompliance.
Frequently Asked Questions
How close to my property line can I place a propane tank in unincorporated Highlands County?
Can I put a propane tank in a utility easement?
What if my yard is too narrow for the five-foot setback?
What happens if my propane tank doesn't meet the setback?
Sources & Official References
Other rules in Highlands County
Florida rules heatmap·Compare Highlands County to another location·View the Florida outdoor cooking overview
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