Hawaii County, HI Outdoor Cooking: Smoker Rules (2026)
Key Facts
- Governing rule
- HAR § 11-60.1-52(a)-(b)
- Allowed fuels
- dry wood, charcoal, gas, butane, propane, cooking fuel
- Attendance requirement
- fire must be attended at all times
- Smoke duty
- must stop smoke drifting off-site, per (b)(2)
- Enforcing agency
- DOH Clean Air Branch
- Penalty statutes
- HRS §§342B-42, -44, -47, -48 (via §11-60.1-19)
Summary
Grilling, smoking, or spit-roasting food outdoors on the Big Island is governed by a state rule, not a county ordinance: HAR §11-60.1-52 exempts attended cooking fires from Hawai'i's general open burning ban, as long as they burn dry wood, charcoal, gas, butane, propane, or dedicated cooking fuel and do not send smoke onto neighboring property.
(a) Except as provided in subsections (b), (c), (d), (e) and section 11-60.1-53, no person shall cause, permit, or maintain any open burning. ... (b) Subsection (a) shall not apply to attended fires for the cooking of food provided that: (1) Only untreated dry wood, charcoal, natural or synthetic natural gas, butane, propane, or cooking fuel is used, and (2) If visible smoke enters any residence, business or public area, best practical measures to eliminate the smoke, including extinguishing the fire, are taken.
Full Breakdown
1-52. Subsection (a) bans open burning statewide, the Big Island included, unless one of the listed exceptions applies. 1-51. The fire must stay attended, and if visible smoke drifts into a neighbor's residence, a business, or any public area, the cook must take the best practical measures to stop it, including extinguishing the fire if necessary. Since January 2012, backyard burning of garbage and yard waste has been banned on every island, so the cooking exemption covers only actual food preparation, not trash disposal disguised as a cookout.
1-52(d) and (e). A cook who lets smoke or ash drift onto neighboring property without taking corrective action forfeits the cooking exemption and is burning illegally.
Violations & Fines
Anyone who violates any provision of the open burning chapter, including the cooking-fire conditions in HAR §11-60.1-52(b), is subject to the penalties and remedies set out in HRS §§342B-42, 342B-44, 342B-47, and 342B-48, per HAR §11-60.1-19. Those statutes let the Department of Health's Clean Air Branch issue a cease-and-desist order, pursue civil penalties, or seek an injunction against a fire that stops qualifying as an exempt cooking fire once it smokes out the neighbors.
Frequently Asked Questions
Can I use a charcoal grill or smoker in my Hawai'i County backyard?
Does the cooking exemption cover a smoker left running unattended overnight?
What if smoke from my grill drifts into my neighbor's yard?
Who enforces Hawai'i's outdoor cooking fire rules?
Sources & Official References
Other rules in Hawaii County
Compare Hawaii County to another location·View the Hawaii outdoor cooking overview
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