Oyster Bay, NY Outdoor Cooking: BBQ & Propane Rules (2026)
Key Facts
- Minimum setback from building
- 15 feet, at all times
- Balcony storage
- Prohibited
- Interior storage
- Prohibited
- Applies to
- Condos, two-family, all attached dwellings
- Responsible party
- Owner or person in charge
Summary
Oyster Bay requires barbecue propane tanks to stay at least 15 feet from any building at all times, and bans storing them on balconies or bringing them inside, a rule that applies equally to condos and two-family homes.
Propane tanks for barbecue grills shall be kept at least 15 feet away from the building at all times. They shall not be stored on balconies or inside the premises. It shall be the responsibility of the owner or the person in charge to enforce this section. This requirement also applies to attached dwellings, i.e., condominium, two-family, etc.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).
Full Breakdown
Town Code § 135-27, Storage of propane tanks, added by Local Law No. 1-1991, targets the specific hazard of homeowners and renters storing backyard grill tanks too close to living space. The text is unqualified: propane tanks for barbecue grills shall be kept at least 15 feet away from the building at all times, and they shall not be stored on balconies or inside the premises. The section places the compliance duty squarely on the property side of the relationship, not just the tank owner, by stating it shall be the responsibility of the owner or the person in charge to enforce this section, meaning a landlord or condo association can be cited alongside a tenant who violates it.
, condominium, two-family, etc. That extra sentence directly answers the balcony-storage question for apartment and condo dwellers: a propane tank kept on a balcony violates § 135-27 regardless of building type, because balconies are expressly listed alongside interior storage as prohibited locations. The rule sits within Chapter 135's fire-safety article alongside § 135-26, which separately bars accumulating flammable or explosive matter on residential premises outside approved locations, and § 135-28's fire-spread requirements for walls, ceilings and garages, showing the Town treats grill tank placement as part of its broader residential fire-prevention scheme enforced by the Department of Planning and Development.
Violations & Fines
A § 135-27 violation is enforced under the Housing Standards general penalty at § 135-55: a fine up to $350 or up to six months' imprisonment for a first offense, $350-$700 for a second offense within five years, and $700-$1,000 for a third or later offense within five years, with each week of continued violation a separate offense.
Frequently Asked Questions
How far from my house must my BBQ propane tank be kept in Oyster Bay?
Can I keep a spare propane tank on my condo balcony?
Who is responsible for complying with the propane tank rule, the tenant or the owner?
Sources & Official References
Other rules in Oyster Bay
New York rules heatmap·Compare Oyster Bay to another location·View the New York outdoor cooking overview
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