Bernalillo County, NM Outdoor Cooking: Smoker Rules (2026)
Key Facts
- Applies in
- Designated Wildland-Urban Interface areas only
- Permit required for
- Heat, spark or open-flame cooking devices
- No-permit exception
- 30 ft clearance from grass/brush/forest
- Spark arrester mesh
- 12-gage wire, openings under 1/2 in
- Penalty
- Up to $300 fine or 90 days jail
Summary
In Bernalillo County's designated Wildland-Urban Interface areas, from the Sandia foothills to the East Mountains, any smoker, grill or other device that produces heat, sparks or open flame needs a Fire Code Official permit unless it sits at least 30 feet from grass, brush or forest. Chimneys serving those devices must also carry a spark arrester.
M115.3 Equipment and devices generating heat, sparks or open flames. Equipment and devices generating heat, sparks or open flames capable of igniting nearby combustibles shall not be used in Wildland-urban interface areas without a permit from the Fire Code Official.
Exception: Use of approved equipment on inhabited premises that are separated by a minimum of 30 feet from grass, grain, brush, or forest covered areas.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 92).
Full Breakdown
Bernalillo County Code § 34-76 replaces the International Fire Code's high-rise sprinkler appendix with the county's own Wildland Urban Interface Code, Appendix M, adopted under Ordinance No. 2020-14 and amended by Ordinance No. 2022-4. 1 declares the Wildland-Urban Interface area to run from East Tramway Boulevard west to the Sandia Mountains and from San Antonio north to the Sandia Indian Reservation, the East Mountain Area, and a strip 1,000 feet out from the Rio Grande Bosque. 3 treats an outdoor smoker, wood-fired oven or any other equipment that generates heat, sparks or open flame capable of igniting nearby fuels as a permitted activity: it cannot be used without authorization from the Fire Code Official unless the equipment sits on inhabited property at least 30 feet from grass, grain, brush or forest cover.
2 requires the arrester's net free area to be at least four times the chimney outlet's net free area. The Fire Prevention Bureau, created under § 34-75, reviews permit applications and can require a site-specific fire protection plan under Section M108 before approving a smoker, fire pit or outdoor kitchen in the interface zone.
Violations & Fines
Operating a smoker or open-flame cooker in the Wildland-Urban Interface area without the required permit, or with a chimney lacking a code-compliant spark arrester, is a fire code violation under § 34-79: a misdemeanor punishable by up to a $300.00 fine, up to 90 days in jail, or both, with each ten-day period of noncompliance charged as a separate offense. The Fire Code Official may also order the equipment removed or modified.
Frequently Asked Questions
Do I need a permit to run a smoker in the East Mountains area of Bernalillo County?
Does my smoker's chimney need a spark arrester?
Where exactly does the Wildland-Urban Interface rule apply?
Sources & Official References
Other rules in Bernalillo County
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