Twain Harte, CA Outdoor Cooking: Smoker Rules (2026)

Tuolumne County has not been found to publish a dedicated smoker ordinance for unincorporated areas; a smoker is regulated like other outdoor cooking equipment under the Tuolumne County Air Pollution Control District (APCD) rules and the California Fire Code. On the air-quality side, APCD Rule 203 exempts 'open outdoor fires used for recreational purposes or for cooking of food for human consumption' from the District's visible-emission limits, and the District exempts residential and recreational open burning from APCD burn permits - so a wood, pellet, charcoal, or propane smoker used to cook food does not need an air-district burn permit. APCD Rule 205 (nuisance), however, still applies, so persistent heavy smoke that injures or annoys neighbors could be treated as a nuisance. On the fire-safety side, California Fire Code Section 308.1.4 limits charcoal burners and other open-flame cooking devices, and LP-gas cooking devices with a container larger than a nominal 1-pound cylinder, from being operated or stored on combustible balconies or within 10 feet of combustible construction - which would capture many charcoal and offset wood smokers - except for one- and two-family dwellings or sprinklered/noncombustible buildings. Because unincorporated Tuolumne County is almost entirely high-to-very-high fire hazard severity, a smoker that runs for hours and throws embers deserves extra caution: place it on a clear noncombustible surface, keep it well away from dry vegetation and structures, never leave it unattended, keep water on hand, and dispose of ashes only after they are fully cold. Confirm any fire-season restrictions with CAL FIRE Tuolumne-Calaveras Unit or Tuolumne County Fire Prevention (209-533-5502).