New York, NY Outdoor Cooking: Smoker Rules (2026)
Key Facts
- Governing law
- NYC Admin Code § 24-149(a)
- Grate size cap
- 10 square feet maximum
- Allowed fuel
- Charcoal or gas burners only
- Enforcement
- DEP Environmental Control Board
- Penalty
- $200 to $800 per violation
Summary
New York City's Air Pollution Control Code bans open-air fires outdoors but exempts charcoal or gas barbecue equipment with a grate no larger than ten square feet, so backyard smokers and grills must stay under that size cap to be legal.
No person shall cause or permit the kindling, maintenance or use of any open fire so as to cause the emission of an air contaminant into the open air, except as provided herein: a. ... outdoor residential picnic and barbecue fires in equipment with a total grate area not exceeding ten square feet and designed to utilize charcoal, or equipped with gas burners
Full Breakdown
Administrative Code § 24-149 makes it illegal to kindle, maintain or use any open fire that emits an air contaminant into the open air. The code then carves out a narrow residential exception: outdoor picnic and barbecue equipment is allowed only if its total grate area is ten square feet or less and it either burns charcoal or is equipped with gas burners. A charcoal smoker, offset smoker or oversized kettle grill whose grate exceeds ten square feet falls outside this exemption and is treated as a prohibited open fire. DEP administers the standard citywide.
Violations & Fines
DEP's Environmental Control Board issues a notice of violation for burning outside the § 24-149 exception; civil penalties run $200 minimum up to $800 maximum per violation, with repeat offenses pushed toward the maximum.
Frequently Asked Questions
Can I use a charcoal smoker in my NYC backyard?
What if my smoker's grate is bigger than 10 square feet?
Sources & Official References
Other rules in New York
New York rules heatmap·Compare New York to another location·View the New York outdoor cooking overview
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