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Effingham County, GA Outdoor Cooking: Smoker Rules (2026)

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

Key Facts

Definition
Smoker is an 'outdoor fire containment device' under Sec. 36-42
Setback from structures
50 feet minimum
Setback from property line
50 feet minimum
Setback from power lines
50 feet minimum
Enforcing agency
Fire chief / AHJ, code enforcement, sheriff's office
Fine range
$250 to $1,000 per violation

Summary

Effingham County's open-burning ordinance defines an 'outdoor fire containment device' to expressly include a smoker, along with pits, barrels, chimineas and gas-fueled flame features. Under Sec. 36-42 and Sec. 36-45, every such device must sit at least 50 feet from any structure, property line and above-ground utility line, may never burn prohibited materials, and is subject to the same nuisance standards as any other open fire in the unincorporated area.

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

Outdoor fire containment device means any stationary or portable device or structure designed to contain an outdoor fire for cooking, heating, disposal, recreation, or aesthetic purposes, including but not limited to an open pit, masonry pit, incinerator device, smoker, barrel, drum, fire pit, chiminea, or gas-fueled or decorative flame feature. Such devices shall not be used to burn prohibited materials and are subject to all applicable setback requirements, subdivision or development restrictions, and nuisance standards established by this ordinance and enforced by the authority having jurisdiction (AHJ). ... All open burning shall comply with the following minimum setback requirements unless a greater distance is required by the authority having jurisdiction (AHJ): (1)Structures: 50 feet;(2)Property line boundaries: 50 feet; ... (6)Above-ground utilities or power lines: 50 feet. ... The AHJ may require increased setbacks based on site-specific hazards.

Full Breakdown

Chapter 36, Article IV of the county code treats a backyard smoker the same as any other 'outdoor fire containment device,' a term Sec. 36-42 defines to cover open pits, masonry pits, incinerator devices, smokers, barrels, drums, fire pits, chimineas and gas-fueled or decorative flame features. That same definition bars using any of those devices to burn prohibited materials such as household garbage, plastics, tires or treated wood, and it makes every device subject to the setback rules, subdivision or development restrictions, and nuisance standards that govern open burning generally, enforced by the authority having jurisdiction (AHJ), the fire chief or designee.

Sec. 36-45 sets the minimum setbacks: 50 feet from any structure, 50 feet from any property line, and 50 feet from above-ground utilities or power lines, with the AHJ empowered to require a greater distance where site-specific hazards call for it. Because a smoker qualifies as open burning, it is also subject to the weather-based prohibitions in Sec. 36-44 (no burning during a red flag warning, high wind above 10 mph, low humidity under 30 percent, or a county-declared burn ban) and to the enforcement and $250 to $1,000 per-violation civil fine in Sec.

36-50.3. Operators should keep the smoker attended, extinguish it on demand from the AHJ, and never let smoke or odor rise to the level of a nuisance the county can act on.

Violations & Fines

Placing a smoker or similar device closer than 50 feet to a structure, property line or overhead utility line, or running it during a red flag warning, high-wind advisory or countywide burn ban, is a violation of Article IV enforced the same as any illegal open fire: a $250 to $1,000 civil fine per violation under Sec. 36-50.3, with continued noncompliance billed as a separate offense each day.

Frequently Asked Questions

Does a backyard smoker count as open burning in Effingham County?
Yes. Sec. 36-42 defines 'outdoor fire containment device' to expressly include a smoker alongside barrels, drums, fire pits and chimineas, and makes every such device subject to the county's open-burning setback and nuisance rules enforced by the authority having jurisdiction.
How far from my house can I place a smoker?
Sec. 36-45 requires at least 50 feet from any structure and 50 feet from any property line or above-ground utility line, and the authority having jurisdiction can require a greater distance where site conditions warrant it.
Can I use a smoker during a burn ban?
No. Because a smoker is treated as open burning, Sec. 36-44's weather and burn-ban prohibitions apply, meaning it cannot be operated during a red flag warning, sustained winds above 10 mph, humidity below 30 percent, or any county-declared burn ban.

Sources & Official References

Other rules in Effingham County

All Effingham County rules

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