Wood and charcoal smokers are allowed for noncommercial cooking in unincorporated El Paso County under the TCEQ cooking-fire exemption, subject to any active drought burn ban and safe placement away from dry desert vegetation.
Backyard smokers fall under the TCEQ exemption at 30 TAC Sec. 111.207 for fires used in the 'noncommercial preparation of food,' so wood-fired, pellet and charcoal smokers are permitted in unincorporated El Paso County. Even when cooking is exempt, common-sense fire safety applies: contain embers, use a spark screen, and keep the smoker away from fences, structures and the dry grass and brush typical of the Chihuahuan Desert. During a Commissioners Court burn ban under Loc. Gov't Code Sec. 352.081, open wood and charcoal fires (including some smokers) may be temporarily restricted, so verify the current order before a long cook. Commercial and competition operations may need additional food-service and fire-code compliance.
Home smoking is generally lawful, but operating an open wood or charcoal smoker during a burn ban that restricts open flames can be a Class C misdemeanor, and stray embers that ignite brush create wildfire liability.
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See how El Paso County's smoker rules rules stack up against other locations.
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