Cary has no ordinance specifically targeting backyard smokers, pellet grills, or wood-fired ovens at single- or two-family homes. General nuisance provisions in Cary Code Chapter 22 (Noise) and Wake County health nuisance authority apply if sustained smoke disturbs neighbors. NC air-quality rules under 15A NCAC 02D treat backyard cooking devices differently from open burning. At multi-family buildings, NCFC 308 setbacks apply to charcoal-fueled smokers.
Cary's Code of Ordinances does not contain a section dedicated to backyard smokers, pellet grills, ceramic kamado cookers, or wood-fired pizza ovens at single- or two-family residences. At single-family homes, smoker use is treated as ordinary residential activity. Sustained heavy smoke drifting onto neighboring property may be addressed under: (1) Cary Code Chapter 22 noise/disturbance provisions where odor is paired with persistent nuisance; (2) Wake County Environmental Services nuisance authority; and (3) North Carolina Air Quality Rules under 15A NCAC 02D, which prohibit emissions causing a public nuisance. Cooking devices burning commercial wood pellets, charcoal, or hardwood are not classified as 'open burning' under 15A NCAC 02D .1900 (which targets vegetative debris, refuse, and construction debris) - they are cooking devices. At multi-family buildings, smokers and pellet grills using charcoal or open flame must comply with NCFC 308.1.4, which requires 10 ft of clearance from combustible construction unless the balcony/deck is sprinklered. North Carolina Right to Farm (NCGS 106-701) protects established agricultural operations from nuisance claims but does not extend to recreational backyard smokers. HOA covenants in Cary's many deed-restricted subdivisions commonly impose private smoke and odor restrictions and operate independently of town code.
Cary Code Enforcement nuisance citations typically begin with a warning and escalate to civil penalties for continued violations. Wake County Environmental Services may issue health-nuisance orders in extreme cases. NC DEQ rarely pursues residential smokers. Multi-family NCFC 308 violations are cited by Cary Fire.
Cary, NC
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