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Manatee County, FL Outdoor Cooking: Smoker Rules (2026)

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

Key Facts

Exempt fire type
Barbecue grill/smoker, Sec. 3.08(a)(1)
Permit needed
None, if solely for food preparation
Grate required
Yes, over the fire at all times
Notification
None required, Sec. 3.08(b)
Approved fuel
Charcoal, propane, clean dry wood
Emissions limit
No excessive visible emissions allowed
Penalty if exceeded
$250 first offense / $500 repeat

Summary

Manatee County exempts backyard barbecue grills and smokers from its open-burning permit entirely under Section 3.08(a)(1): no EMD permit and no fire-district notice are required if the fire is used solely to prepare food, stays under a grate, avoids excessive visible smoke, and burns only approved fuel like charcoal, propane or clean dry wood.

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

(a)Unless prohibited by other agencies exercising jurisdiction over open burning, the following types of fires are allowed in Manatee County without an open burn permit:(1)A barbecue grill fire will be allowed if used solely for the preparation of food, provided that a grate is maintained over the fire, excessive visible emissions are not generated, and only approved materials (per Rule 62-256.200(5), F.A.C.) are burned.(b)For all open burning that does not require a Manatee County open burning permit, the local fire district must be notified the day the burning is to be conducted except in the case of barbecue grill fires, or a natural disaster emergency burn.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 124 | Land Development Code: Supplement 21).

Full Breakdown

A backyard smoker or barbecue grill is the one open flame Manatee County lets residents light with no paperwork at all. Section 3.08(a)(1) of the county's Open Burning Code exempts "a barbecue grill fire" from the EMD permit requirement outright, but only if it is "used solely for the preparation of food," a grate is kept over the fire the whole time, the fire does not generate "excessive visible emissions," and only approved materials are burned. "Approved materials" ties back to Rule 62-256.200(5), Florida Administrative Code, the same clean-fuel standard the county applies to its permitted bonfire category, so charcoal, propane and clean dry wood fit the exemption while trash, treated lumber, tires, plastics and yard debris do not, regardless of how the fire is being used.

Section 3.08(b) goes further for this specific exemption: while every other permit-free fire, camp fires and disaster burns among them, still requires same-day notice to the local fire district, barbecue grill fires are expressly excused from that notice requirement too. That makes a smoker or grill the only open flame in unincorporated Manatee County that needs neither an EMD permit nor a fire-district phone call, provided it stays within the food-preparation, grate and clean-emissions limits Section 3.08(a)(1) sets. Step outside those limits, by burning debris in the smoker, running it without a grate, or letting it smoke heavily enough to draw a complaint, and Section 3.06(a) puts the fire back under the general open-burning ban, since it no longer qualifies for the Section 3.08 exemption it was relying on.

Violations & Fines

A smoker or grill that burns trash, treated wood or yard debris, runs without a grate, or produces excessive visible emissions loses its Section 3.08(a)(1) exemption and becomes unlawful open burning under Section 3.05. The DOF or local fire district can extinguish it and bill the owner for the cost, and Section 3.09(d) sets fines at $250 for a first offense and $500 for repeat violations.

Frequently Asked Questions

Do I need a permit to use a smoker or grill in unincorporated Manatee County?
No. Section 3.08(a)(1) exempts barbecue grill fires from the county's open-burning permit entirely, so long as the fire is used solely to prepare food, stays under a grate, and does not create excessive visible emissions. It is also the only exempt fire type excused from notifying the local fire district under Section 3.08(b).
What can I legally burn in a backyard smoker?
Only approved materials under Rule 62-256.200(5), Florida Administrative Code, the standard Section 3.08(a)(1) incorporates for grill fires, meaning charcoal, propane and clean dry wood. Burning trash, treated lumber, plastics or yard debris in a smoker removes the fire from the exemption and makes it unlawful open burning under Section 3.05.
What happens if my smoker produces heavy visible smoke?
Excessive visible emissions void the Section 3.08(a)(1) exemption, so the fire becomes unpermitted open burning under Section 3.05. The Division of Forestry or local fire district can extinguish it and bill you for the cost, and Section 3.09(d) sets fines of $250 for a first offense and $500 for repeat violations.

Sources & Official References

Other rules in Manatee County

All Manatee County rules

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