Apex, NC Outdoor Cooking: Smoker Rules (2026)
Key Facts
- Grills/smokers
- Exempt from open-burning ban entirely
- Patio wood units
- 20 ft from residence, noncombustible surface
- Governing law
- Apex Town Code Art. IV, §§ 9-40–9-51
- Penalty
- Misdemeanor under G.S. 14-4
- Scope
- Applies within Apex corporate limits
Summary
Apex's open-burning ban doesn't touch your grill or smoker: charcoal, wood, propane and natural-gas cooking appliances are expressly exempt from Town Code Article IV, so no permit or setback applies to backyard grilling in Wake County, North Carolina.
This article does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.(2)This article does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.(3)This article does not apply to the use of propane, acetylene, natural gas, gasoline, kerosene or similar fuel in a device intended for heating, construction or maintenance activities. (Ord. No. 08-0219-03, § 2, 2-19-08)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).
Full Breakdown
Apex bans open burning and outdoor burning town-wide under Town Code § 9-44, but § 9-41 carves out cooking devices entirely: the open-burning article does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances. That means backyard grills and wood or charcoal smokers face no distance, permit or size requirement under this article. A separate rule catches wood-burning patio devices that aren't grills, chimineas and patio warmers must sit on a noncombustible surface at least 20 feet from the residence under § 9-47. Both provisions apply inside the corporate limits; violations of the open-burning article are misdemeanors under G.S. 14-4.
Violations & Fines
Using a grill or smoker never violates Article IV. But an unpermitted patio wood-burning unit, or one placed under 20 feet from a residence, is a misdemeanor under G.S. 14-4.
Frequently Asked Questions
Can I use a charcoal or wood smoker in my Apex backyard?
What about a chiminea or patio wood-burning heater?
Sources & Official References
Other rules in Apex
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