Merced County, CA Outdoor Cooking: Smoker Rules (2026)

A backyard smoker is treated as a cooking appliance, not open burning, in unincorporated Merced County. Merced County Code Section 9.24.160-which requires a permit for general outdoor fires and for burning brush, grass, or trash-exempts heating, cooking, and lighting appliances at 'dooryard premises' and established campsites, so a residential smoker does not require a burn permit. This covers propane and charcoal smokers as well as wood-pellet and offset stick-burner smokers used for cooking, since they burn clean cooking wood rather than disposing of waste. The distinction that matters under the San Joaquin Valley Air Pollution Control District rules is purpose: cooking is allowed, but you may not use a smoker as a means to dispose of yard waste, treated lumber, or trash, which would be illegal open burning. The California Fire Code adopted in Merced County Code Section 9.24.010 sets general safety expectations-keep the smoker a safe distance from structures, fences, and dry vegetation, and have a way to put out the fire. Under Merced County Code Section 9.24.200, the cooking fire must be attended by an adult and thoroughly extinguished (covered with dirt, soaked with water, or otherwise made safe) before the person leaves. During elevated fire-danger periods, particularly near the drier eastern grassland, the fire department may restrict open-flame and ember-producing devices, so confirm conditions before a long smoke session in dry, windy weather.