Horry County, SC Outdoor Cooking: Smoker Rules (2026)
Key Facts
- Governing section
- Horry County Code § 20-451
- General rule
- No open burning within 50 feet
- Cooking exemption
- Grills, stoves, fire pits, chimeneas, woodstoves
- Condition
- Must be contained, monitored, nuisance-free
- County can suspend
- During hazardous fire-weather conditions
- Default penalty
- Up to $500 fine or 30 days
Summary
Outdoor smokers, fire pits, chimeneas and woodstoves get a conditional pass from Horry County's open-burning ban: Code § 20-451 forbids open burning within fifty feet of any structure or property line, but subsection (d)(2) exempts food-preparation and warming fires, naming grills, stoves, fire pits, chimeneas and woodstoves, so long as they are contained, monitored, safely operated, and create no nuisance.
(a)Prohibition. It shall be a violation of this article for any person to kindle or maintain any open burning or authorize any such fire to be kindled or maintained within fifty (50) feet of any structure ... within fifty (50) feet of any property/parcel line. ... (d)Exemptions. The provisions of this section do not apply to the following, unless specifically prohibited by action taken pursuant to subsection (c) above: ... (2)Any burning in connection with the preparation of food for immediate consumption, or fires used solely for recreational purposes, ceremonial occasions, or human warmth (such as small campfires, outdoor fireplaces, heaters, grills, stoves, fire pits, chimeneas, woodstoves, etc.), so long as such burnings are properly contained, continuously monitored, performed in a safe manner and provided no nuisance conditions are created.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 88).
Full Breakdown
Chapter 20's Article IX, Miscellaneous Proscribed Conduct, houses Horry County's general fire-safety rule at Sec. 20-451, adopted by Ord. No. 80-09 and amended in 2018 and 2019. Subsection (a) sets the baseline prohibition: no one may kindle or maintain open burning, or authorize such a fire, within fifty feet of any structure as defined by the International Fire Code and the National Fire Protection Association, and separately within fifty feet of any property or parcel line. Subsection (b) layers on state compliance duties, referencing the South Carolina Prescribed Fire Act and DHEC's Open Burning and Air Pollution Control Regulations, and bars any burning that creates a smoke nuisance.
Subsection (d)(2) is the operative exemption for backyard cooking: it excuses any burning in connection with the preparation of food for immediate consumption, or fires used solely for recreational purposes, ceremonial occasions, or human warmth, such as small campfires, outdoor fireplaces, heaters, grills, stoves, fire pits, chimeneas, and woodstoves, from the fifty-foot ban, but only so long as such burnings are properly contained, continuously monitored, performed in a safe manner and provided no nuisance conditions are created. That means a homeowner running a smoker or fire pit close to a property line is not automatically breaking the law, but loses the exemption the moment the fire goes uncontained or unwatched, or neighbors are bothered by smoke. Subsection (c) also lets the county administrator, on the fire chief's recommendation, suspend even exempted burning during hazardous conditions such as a drought or high winds, and subsection (f) puts enforcement in the hands of the administrator's designated representatives.
Violations & Fines
An uncontained, unmonitored, or unsafe smoker, fire pit, or grill fire, or one that creates a smoke nuisance for neighbors, loses its Sec. 20-451(d)(2) exemption and becomes an unlawful open burn if kindled within fifty feet of a structure or property line. Violators face the Sec. 1-8 general penalty, up to a $500 fine, thirty days' imprisonment, or thirty days of public service, and remain liable for any fire-suppression costs under subsection (e).
Frequently Asked Questions
Can I use a smoker or fire pit in my backyard in Horry County?
How close to my property line can I put a smoker?
Can the county force me to put out my fire pit?
Sources & Official References
Other rules in Horry County
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