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Burlington, WI Outdoor Cooking: Smoker Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Devices covered
grills, hibachis, smokers, similar cookers
Curfew
banned midnight to following sunrise
Flame height cap
1 foot over source fuel
Indoor use
prohibited for gas/charcoal smokers
Electric units
exempt from flame/curfew limits
Nuisance smoke to neighbors
separately prohibited

Summary

Beyond the grill and fire-pit placement rules, Burlington's Fire Prevention chapter caps every outdoor cooking device, including a smoker, to a one-foot flame height over the fuel and bars using any of them between midnight and the following sunrise. Devices covered include hibachis, gas or charcoal grills and similar cooking or heating appliances.

No outdoor cooking device shall be used between 12:00 midnight and the following sunrise. ... No flame shall at any time exceed one foot in height over the source fuel.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4997580; v29 updated 2026-07-07; through 07-07-2026).

Full Breakdown

Section 155-41B of the Code of the City of Burlington, amended November 4, 2025 by Ordinance No. 2130, reaches every "hibachi, gas-fired grill, charcoal grill or similar device used for cooking, heating, or any other purpose," a category broad enough to cover a smoker running low and slow in a backyard. Two limits apply across that whole category regardless of fuel type: no outdoor cooking device may be used between 12:00 midnight and the following sunrise, and no flame may exceed one foot in height over the source fuel at any time.

These sit alongside the balcony ban and seven-foot ground clearance for other than one- and two-family dwellings, and the separate bar on igniting any barbecue grill, kettle, hibachi or gas-fueled cooking device, deep fryer or camping stove inside any occupancy. Listed electrical grills or similar electrical apparatus are exempt from the flame-height and curfew limits because they present no open flame. Smoke from any outdoor cooking device still cannot become a nuisance to neighbors or public roadways under the same subsection. Because these limits sit in the Fire Prevention chapter, the Fire Department enforces them through the general citation authority at § 155-54, and a violation is penalized under § 155-55A, with each 24-hour period a continuing violation persists treated as a separate offense.

Violations & Fines

Running an outdoor cooking device, including a smoker, between midnight and sunrise, or letting its flame exceed one foot over the source fuel, violates § 155-41B(3) and (4) and is enforceable under the chapter's citation authority, § 155-54. Penalties follow § 155-55A, with each continuing 24-hour period counted as a separate offense; nuisance smoke reaching neighbors or a public road is separately actionable.

Frequently Asked Questions

Does Burlington's outdoor cooking curfew apply to smokers, not just grills?
Yes. Section 155-41B(3) bars "any outdoor cooking device" between midnight and the following sunrise, and the subsection's device list already covers a "similar device used for cooking, heating, or any other purpose," language broad enough to reach a smoker running outdoors.
Can I run a wood or charcoal smoker inside my garage in Burlington?
No. Section 155-41B(2) makes it unlawful to ignite or burn any barbecue grill, kettle, hibachi or gas-fueled cooking device, other than a household kitchen appliance, inside any occupancy, residential or otherwise, which covers a smoker used indoors or in an enclosed garage.
Is there a flame-height limit for backyard smokers in Burlington?
Yes. Section 155-41B(4) caps the flame from any outdoor cooking device at one foot over the source fuel at all times, a limit that applies regardless of whether the device is labeled a grill, hibachi or smoker.

Sources & Official References

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