Backyard smokers and wood or charcoal cooking are allowed in Hidalgo County when no burn ban is in effect, but must be attended, and open wood fires are restricted during a Commissioners Court burn ban issued during drought or elevated fire danger.
Cooking with a wood or charcoal smoker or pit is permitted for residential use in Hidalgo County and does not require a permit. Because a smoker uses live coals and, for offset and stick-burner pits, an open wood fire, it is treated more like outdoor burning than an enclosed gas grill. Under the state outdoor-burning framework in 30 TAC Chapter 111 and the Fire Marshal's rules, any fire should be attended by a responsible party during the active burn, and the operator remains liable for damage from escaping embers. When the Commissioners Court declares a burn ban 'effective immediately for up to 90 days' during drought, open wood fires and unattended combustion are restricted; residents should confirm whether pit cooking
Ordinary attended home smoking is not cited, but leaving a live pit unattended, or operating an open wood fire during a burn ban, may violate the Commissioners Court order (a Class C misdemeanor, fine up to $500). The operator is
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