Brookhaven, NY Outdoor Cooking: Smoker Rules (2026)
Key Facts
- Backyard barbecues
- Exempt from Town permit requirement
- Bonfire/rubbish fire permit
- Issued by Chief Fire Marshal
- Setback if permitted
- 50 ft (or 15 ft, enclosed burner)
- Weather-based ban authority
- Chief Fire Marshal, § 30-33.C
- Applies
- Unincorporated town, not villages
Summary
Backyard smokers, grills, and other barbecues are exempt from Brookhaven's bonfire and rubbish-fire permit rules. Town Code § 30-33 requires a Chief Fire Marshal permit and a 50-foot structure setback for bonfires, but expressly says the rule 'shall in no way be construed as applicable to backyard barbecues.'
Permit required. No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on or in any public street, alley or road. No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on any privately owned property or in any other public ground without a permit issued by the Chief Fire Marshal. ... This shall be in no way construed as being applicable to backyard barbecues or recreational fires as defined by the Fire Code of New York State. ... No person to whom a permit is issued shall kindle or maintain any bonfire or rubbish fire ... unless the location is not less than 50 feet from any structure ... or the fire is contained in an approved waste burner located safely not less than 15 feet from any structure. This shall in no way be construed as applicable to backyard barbecues.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).
Full Breakdown
' In other words, a homeowner's smoker, grill, or fire pit used for cooking is not treated as a regulated bonfire and needs no Town permit. C lets the Marshal 'prohibit all bonfires and rubbish fires regardless of any permissions in all or any part of the Town of Brookhaven when atmospheric conditions or local circumstances make such fires hazardous,' with notice given to local fire districts and departments. Because backyard barbecues sit outside the permit and 50-foot setback scheme entirely, residents running a smoker or charcoal grill in their own yard are governed instead by whatever 'recreational fire' limits the Fire Code of New York State itself imposes, not by this Town Code section.
Violations & Fines
Kindling or maintaining a bonfire or rubbish fire without the required Chief Fire Marshal permit, or violating the 50-foot/15-foot setback in § 30-33.B, is enforced under Chapter 30's general penalty section, § 30-16: a fine of $500 to $1,000 per day of violation, up to 15 days' imprisonment, or both. Backyard barbecue use itself carries no Town Code penalty because § 30-33 does not apply to it.
Frequently Asked Questions
Do I need a permit for my backyard smoker or barbecue in Brookhaven?
What rules apply if I want to burn yard waste in Brookhaven?
Can Brookhaven ban all outdoor fires temporarily?
Does this Brookhaven rule apply inside Patchogue or Port Jefferson?
Sources & Official References
Other rules in Brookhaven
New York rules heatmap·Compare Brookhaven to another location·View the New York outdoor cooking overview
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