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Hanover County, VA Outdoor Cooking: Smoker Rules (2026)

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

Key Facts

Recreational fire size cap
3 ft diameter, 2 ft height
Grills/pits
Excluded from the recreational fire definition
Permit needed
No, for recreational fires under the cap
Attendance rule
Attended at all times until extinguished
Violation penalty
Class 1 misdemeanor, each day separate

Summary

Hanover County's fire code defines a "recreational fire" as an outdoor fire not contained in a barbeque grill, barbeque pit, incinerator or fireplace, capped at 3 feet in diameter and 2 feet in height, and Section 9-12.1(a)(1) allows such fires, along with outdoor noncommercial food preparation, without a burning permit as long as the fire marshal's restrictions are followed.

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

Recreational fire: an outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill, or barbeque pit and has a total fuel area of three (3) feet or less in diameter and two (2) feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes. ... (a)Open burning is permitted for the following purposes, in accordance with any restrictions imposed by the fire marshal:(1)For camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers; and

Full Breakdown

" Because a fire built inside a barbeque grill or barbeque pit falls outside that definition, backyard grilling and smoking in a contained grill or pit is not treated as "open burning" subject to the county's burn prohibitions at all; it is the loose campfire-style cooking fire, capped at 3 by 2 feet, that the definition and size limit reach. 1(a)(1) separately authorizes open burning "for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers," in accordance with any restrictions the fire marshal imposes, without requiring a permit.

1(d) requires that a recreational fire be attended at all times until extinguished, with the attendant keeping extinguishing equipment, such as a portable fire extinguisher, dirt, sand, a water barrel, a garden hose or a water truck, on hand throughout. Section 9-13(b) requires a permit only for a "bonfire," a larger pile up to 5 feet in diameter and 5 feet in height, so the smaller recreational cooking fire and grill or pit cooking stay permit-free.

Violations & Fines

Section 9-15.1 makes any violation of the county's open-burning division a class 1 misdemeanor, with each violation or day of noncompliance a separate offense. An untended recreational fire, or one lacking extinguishing equipment on hand as Section 9-12.1(d) requires, exposes the person responsible to that misdemeanor charge, and the fire marshal may order an out-of-compliance fire extinguished immediately.

Frequently Asked Questions

Do I need a permit to use a fire pit or grill in Hanover County?
No. Section 9-12.1(a)(1) permits recreational fires, including outdoor cooking fires, without a burning permit, subject to any restrictions the fire marshal sets. Fires contained in a barbeque grill or barbeque pit fall outside the county's 'recreational fire' size definition entirely and are not regulated as open burning.
How big can an open cooking fire be without a grill or pit?
Hanover County Code Section 9-11 caps a 'recreational fire' at 3 feet or less in diameter and 2 feet or less in height. Anything larger, unless contained in a proper incinerator or fireplace, moves outside the definition and toward the permit-required 'bonfire' category under Section 9-13(b).
Can I leave my fire pit burning unattended?
No. Section 9-12.1(d) requires that any recreational fire, including a fire pit, be attended at all times until it is fully extinguished, and the attendant must have extinguishing equipment, such as a fire extinguisher, dirt, sand or a garden hose, ready the entire time.

Sources & Official References

Other rules in Hanover County

All Hanover County rules

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