Fort Wayne, IN Outdoor Cooking: Smoker Rules (2026)
Key Facts
- Charcoal grills
- excluded from open-burning ban
- Burn permit needed for grilling
- no
- Recreational campfire size cap
- 36 in wide, 2 ft high
- Unpermitted burning fine
- $100, up to $150
- Enforcement
- Fire, Police, Code Enforcement
Summary
Fort Wayne's open-burning ban excludes barbecue pits and grills burning charcoal, so grilling or smoking on your own property needs no Fire Department burn permit.
BARBECUE PIT OR GRILL. A stationary or portable device, with either electric, gas or charcoal fuel, used for the preparation of food. HAZARDOUS CONDITION. A situation where the Fire Department Officer in charge determines that the fire may be capable of spreading or damaging other property or that the smoke emissions may be offensive to occupants of surrounding property. OPEN BURNING OR OPEN FIRE. Any burning of combustible materials out of doors. Excluded is burning in a barbecue pit or grill where the base fuel for heat is charcoal products. RECREATIONAL OR CAMP FIRE. The burning of wood products other than refuse where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit. A RECREATIONAL OR CAMP FIRE shall have a total fuel area no greater than 36 inches in diameter and a fuel load not to exceed two feet in height. REFUSE. Garbage, rubbish, paper, leaves, grass, trade waste, trash, plastic or other waste products. SMOKE NUISANCE. Smoke emissions may be deemed a nuisance when a complaint is received that the smoke emissions are offensive to the complaining party. WOOD PRODUCTS. Untreated and unpainted lumber or natural wood other than leaves and vines. (Ord. G-28-99, passed 12-28-99)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-60: Supplement contains: Local legislation current through Ord. G-19-26, passed 7-14-26, and Res. 83-19, passed 12-17-19 State legislation current through Legislative Service, 2025 Acts, Pamphlet No. 3).
Full Breakdown
City Code § 94.70 defines OPEN BURNING as any outdoor burning of combustible materials, then expressly excludes "burning in a barbecue pit or grill where the base fuel for heat is charcoal products." A BARBECUE PIT OR GRILL is defined broadly as any stationary or portable device, electric, gas, or charcoal, used to prepare food. Because grilling falls outside the open-burning definition, none of § 94.71's rules apply: no Fire Department burn permit, no 25-foot setback from structures, and none of the size limits set for recreational campfires (36 inches across, two feet high). The Fire Department, Police Department, and Department of Neighborhood Code Enforcement enforce § 94.71.
Violations & Fines
Using a grill or smoker isn't a violation: it's excluded from the open-burning definition. Unpermitted open burning of trash, leaves, or bonfires carries a $100 fine ($150 if you ignore the notice).
Frequently Asked Questions
Do I need a permit to use my backyard smoker in Fort Wayne?
What fuel can I use in a grill without a permit?
Sources & Official References
Other rules in Fort Wayne
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