Cheektowaga, NY Outdoor Cooking: Smoker Rules (2026)
Key Facts
- Governing section
- Town Code § 77-3A
- Allowed fuel
- Charcoal, briquettes, natural wood, wood pellets
- Fireplace/stove standard
- NYS Residential Code Chapter 10
- Permit
- Building permit required for fireplace installs
- Enforcers
- Fire Inspector, Building Inspector
- Fallback penalty
- Up to $500 fine/15 days jail if fuel banned
Summary
Cheektowaga's open-burning law carves out outdoor grills and fireplaces used to cook food, along with indoor fireplaces and wood stoves, from its general burning ban. The fuel has to be what the device is designed for, like charcoal, charcoal briquettes, or natural wood or wood pellets, and any fireplace or stove installation must meet the state Residential Code and get a building permit.
Nothing contained herein, however, shall prevent the operation of outdoor grills or fireplaces for the preparation of food, or the installation and use of indoor fireplaces and wood stoves. The fuel for the aforementioned devices shall be that material typically used in the device, such as charcoal, charcoal briquettes and wood in its natural state or wood pellets. All installations of fireplaces and stoves shall be in conformance with Chapter 10 of the New York State Residential Code. Residential fireplace installations shall require a building permit.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996449; v35 updated 2026-05-26; through 05-26-2026).
Full Breakdown
Chapter 77's general ban on open burning in § 77-2 does not reach ordinary outdoor cooking. ' The exception is conditioned on fuel type: 'the fuel for the aforementioned devices shall be that material typically used in the device, such as charcoal, charcoal briquettes and wood in its natural state or wood pellets,' which rules out burning trash, treated lumber, or other prohibited materials in a grill or smoker just because it's a cooking appliance. Any fireplace or wood-stove installation, whether built into a house or a standalone outdoor unit, 'shall be in conformance with Chapter 10 of the New York State Residential Code,' and residential fireplace installations specifically 'require a building permit' before they're put in.
The Town Fire Inspector and Building Inspector share enforcement responsibility for Chapter 77 under § 77-5, and a grill or smoker fire that becomes a nuisance or hazard can still be ordered extinguished by the Local Fire Chief even though the appliance itself is legal. Burning anything other than the listed cooking fuels in an outdoor grill or smoker falls back under the general § 77-2 prohibition and its § 77-6 penalties.
Violations & Fines
An outdoor grill or smoker burning anything other than charcoal, briquettes, natural wood or wood pellets loses its § 77-3A exception and falls back under the § 77-2 ban, punishable under § 77-6 by up to a $500 fine or 15 days in jail, with each day charged separately. A grill fire the Local Fire Chief judges a nuisance or hazard can be ordered extinguished on the spot.
Frequently Asked Questions
Can I use a charcoal grill in my Cheektowaga backyard?
Can I burn scrap wood or pallets in my smoker?
Do I need a permit for an outdoor fireplace?
Sources & Official References
Other rules in Cheektowaga
New York rules heatmap·Compare Cheektowaga to another location·View the New York outdoor cooking overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.