Kent County, DE Outdoor Cooking: Smoker Rules (2026)
Key Facts
- Section
- §168-31(A)-(D), Fires
- Fixed equipment
- Fireplaces/grills commercially manufactured, picnic areas only
- Portable equipment allowed
- Charcoal grills, gas or gasoline stoves for cooking
- Fire hazard authority
- Division or Fire Marshal may ban fires when hazardous
- Maximum fine
- $100 per violation, §168-39(A)
Summary
Kent County Code § 168-31 confines cooking fires in county parks to fireplaces and barbecue grills the county has installed in picnic areas, though visitors may bring their own charcoal grills or gas and gasoline stoves. Anyone building a fire has to use due diligence putting it out and disposing of coals so it does not scorch trees or spark a forest fire.
In picnic areas, fires shall be limited only in the established fireplaces and barbecue grills commercially manufactured for such purposes. Hot coals shall be dumped in the container provided for such purposes. For cooking purposes charcoal grills, gasoline or gas stoves may also be used in picnic areas. Due diligence shall be exercised in building and putting out fires and the disposal of charcoal to prevent damage to trees and vegetation and to prevent forest fires.
Full Breakdown
Section 168-31, Fires, governs open-flame cooking on land administered by the Kent County Department of Community Services, Parks Division. Subsection A limits fires in picnic areas 'only in the established fireplaces and barbecue grills commercially manufactured for such purposes' and requires that 'hot coals shall be dumped in the container provided for such purposes,' meaning visitors cannot dig a fire pit or dump ash on the ground. Subsection B lets picnickers supplement those fixed fireplaces with their own charcoal grills, gasoline stoves or gas stoves for cooking.
Subsection C imposes a duty of care on anyone lighting or extinguishing a fire and disposing of charcoal, 'to prevent damage to trees and vegetation and to prevent forest fires,' a standard the Division can enforce against a visitor even if the fire itself was in a legal spot. Subsection D gives the Division or the Fire Marshal discretionary authority to prohibit or limit smoking or fire-building altogether 'when, in its or his judgment, the fire hazard makes such action necessary,' letting the county shut down grilling countywide during dry conditions without amending the ordinance.
The rule sits between § 168-24, which bars 'fires of any kind' outside designated areas, and § 168-30, which prohibits camping except where the Division permits it, so together the sections steer all open flame toward marked picnic areas and their fixed equipment.
Violations & Fines
Breaking any part of § 168-31, including using an unauthorized fire pit or ignoring a Division or Fire Marshal fire-hazard order under Subsection D, is punished under the Chapter 168 general penalty, § 168-39(A): a fine of not more than $100 per violation. Anyone holding a park permit who is cited can also be forced under § 168-32 to surrender it to the Division on demand.
Frequently Asked Questions
Can I bring my own grill to a Kent County park?
Can the county shut down grilling in a park for fire danger?
Where can I build an open fire in a Kent County park?
Sources & Official References
Other rules in Kent County
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