Milwaukee, WI Outdoor Cooking: Smoker Rules (2026)
Key Facts
- Setback for burners
- 15 feet from combustible construction
- Cooking-device exemption
- Exempt for 1- and 2-family homes
- Attendance duty
- Constantly attended until extinguished
- Extinguisher on site
- Minimum 4-A rated extinguisher required
- Enforcement
- Commissioner of Neighborhood Services, delegable to police
Summary
Milwaukee exempts charcoal and propane grills and smokers on one- and two-family properties from the 15-foot open-burning setback, though unenclosed burners elsewhere in the city must still sit at least 15 feet from anything combustible.
CONTAINERS FOR OPEN BURNING. Open burning shall be conducted only in an approved and listed container or a substantial burner built of metal, concrete or brick, well covered or screened to prevent the escape of sparking and burning embers. A burner shall not be operated within 15 feet of any combustible construction. Open flame cooking devices, including charcoal burners and LP gas burners, are exempt from this requirement for one and 2-family dwellings.
Full Breakdown
Milwaukee Code of Ordinances § 214-9, in the Fire Prevention chapter of the city's Building and Zoning Code (Volume 2), governs backyard burners as part of its open-burning rules. Any burner must be an approved, screened container and normally must sit at least 15 feet from combustible construction, but that setback specifically exempts open flame cooking devices, including charcoal burners and LP gas burners, on one- and two-family dwellings. Open burning generally must be constantly attended until extinguished, with a minimum 4-A rated fire extinguisher or other approved extinguishing equipment available on site. The Commissioner of Neighborhood Services enforces the chapter and may delegate limited authority to the police department.
Violations & Fines
Operating an unenclosed or unscreened burner within 15 feet of combustible construction outside the one- and two-family exemption violates § 214-9 and is subject to the Chapter 200 forfeiture of $150 to $5,000 per violation per day.
Frequently Asked Questions
Can I use a charcoal or propane grill or smoker in my Milwaukee backyard?
Who enforces Milwaukee's open-burning and outdoor cooking rules?
Sources & Official References
Other rules in Milwaukee
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