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Cleveland County, NC Outdoor Cooking: Smoker Rules (2026)

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

Key Facts

Standard structure setback
50 feet
Barbecue-pit/bonfire exception
25 feet
Approved-container exception
15 feet
Fine
$100 per violation
Permit required from
Code official, § 105.6 NC Fire Code

Summary

Open flames in unincorporated Cleveland County, including bonfires and barbecue pits, must stay at least 50 feet from any structure under § 11-45, though a barbecue pit lets a bonfire come within 25 feet. Every open burn needs a permit from the code official, must be constantly attended, and violators face a $100 fine.

These county ordinances apply to unincorporated areas of Cleveland County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(5)Location. The location for open burning shall not be less than fifty (50) feet from any structure and provisions shall be made to prevent the fire from spreading to within fifty (50) feet of any structure. Exceptions:a.Fires in approved containers that are not less than fifteen (15) feet from a structure.b.The minimum required distance from a structure shall be twenty-five (25) feet where the pile is size three (3) feet or less in diameter and two (2) feet or less in height.(6)Bonfires. A bonfire shall not be conducted within twenty-five (25) feet of a structure or combustible material unless the bonfire is contained in a barbeque pit. Conditions which could cause a fire to spread within twenty-five (25) feet of a structure shall be eliminated prior to ignition. ... Fine for violation. In addition to any other penalties levied, any person violating the terms of this section shall pay a fine in the amount of one hundred dollars ($100.00).

Full Breakdown

Section 11-45 folds North Carolina Fire Prevention Code Section 307 into the county's own open-burning rules and sets specific distances for anything from a silvicultural burn to a backyard bonfire. The baseline location rule requires 50 feet of clearance from any structure, but the code carves out two exceptions: a fire burning in an approved container only needs 15 feet of clearance, and a pile no bigger than 3 feet across and 2 feet tall only needs 25 feet. Bonfires get their own rule in § 11-45(6): a bonfire can't be lit within 25 feet of a structure or combustible material unless it's contained in a barbecue pit, which is the exception that lets backyard cookouts happen closer to the house.

Recreational fires get the identical 25-foot rule in § 11-45(7). 6 of the state fire code, and only the landowner can apply. Every open burn, bonfire, or recreational fire has to be constantly attended until it's out, with a portable fire extinguisher or equivalent equipment like a hose, water barrel, or dirt on hand. The county fire marshal, county law enforcement, the solid waste department, and the state forestry service can all issue citations, and the fire marshal can declare an absolute burning ban during dry weather that cancels every open-burn permit already issued.

Violations & Fines

Violating any part of § 11-45, including the setback distances, the permit requirement, or the attendance rule, carries a $100 fine on top of any other penalties and is charged as a misdemeanor. If a fire department responds to an illegal burn and the owner refuses to extinguish it, the fire marshal's office, solid waste, or law enforcement will be dispatched to the scene.

Frequently Asked Questions

How close to my house can I put a fire pit in unincorporated Cleveland County?
A bonfire or recreational fire has to stay 25 feet from any structure or combustible material unless it's contained in a barbecue pit under § 11-45(6)-(7); an open burn outside a container needs the full 50-foot clearance required by § 11-45(5).
Do I need a permit to have a bonfire in Cleveland County?
Yes. Section 11-45(2) requires a permit from the code official before kindling a bonfire, issued only to the landowner, under Section 105.6 of the North Carolina Fire Prevention Code.
What happens if the fire marshal issues a burning ban?
Section 11-45 lets the fire marshal declare an absolute burning ban during unfavorable weather that cancels every open-burn permit already issued; burning during the ban violates the section and draws the $100 fine.

Sources & Official References

Other rules in Cleveland County

All Cleveland County rules

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