New Braunfels, TX Special Events & Permits: Outdoor Heater Rules (2026)
Key Facts
- Approval needed
- Fire marshal + downtown coordinator
- Basis for approval
- Case-by-case, not automatic
- Tied to
- Underlying 1-year sidewalk cafe permit
- Extension cords
- Prohibited in the cafe footprint
- First-violation fine
- $100.00
Summary
New Braunfels does not let sidewalk cafe operators add patio heaters as of right. City Code § 114-10 puts outdoor heaters in a downtown cafe's furniture area on a case-by-case basis, requiring sign-off from both the fire marshal and the downtown development coordinator before one can be used.
Heaters may be allowed on a case by case basis and subject to the approval of the fire marshal and the downtown development coordinator.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).
Full Breakdown
Heaters sit inside the furniture-and-fixtures design rules for downtown sidewalk cafes in Sec. 3. Most furniture beyond tables, chairs and umbrellas is banned outright there, listing serving stations, bar counters, shelves, racks, sofas, televisions and trash receptacles as examples of what cannot go in a permitted cafe area. B allows them only on a case-by-case basis, and only with the approval of both the fire marshal and the downtown development coordinator, folding a fire-safety review into what is otherwise a downtown-appearance permit. The same furniture rules that surround the heater provision require all cafe furniture to be free-standing, never secured to the sidewalk, trees, lamp posts or other street infrastructure, and ban extension cords running to or from the sidewalk area, a restriction that bears directly on how an approved heater can be powered.
Lights other than tabletop fixtures are barred in the same subsection, reinforcing that anything electrical or flame-related in the cafe footprint gets extra scrutiny. Any heater use rides on the underlying one-year sidewalk cafe permit issued by the planning and community development department under Sec. 114-10(a)-(b): an operator cannot seek heater approval independently of holding that permit, and the fire marshal's sign-off applies only within the defined downtown cafe area, not to seasonal heating on sidewalks generally. If a heater is added without the required approvals, it counts as an unapproved obstruction or furniture item under the cafe's general operating rules and exposes the operator to the same fine and revocation track as any other Sec. 114-10 violation.
Violations & Fines
An unapproved heater in a downtown sidewalk cafe area is enforced through the same tiered track as any other Sec. 114-10 furniture violation: $100.00 for a first notice, $150.00 for a second, and permit revocation on a third under Sec. 114-10(h)(11). Because heater approval also requires fire marshal sign-off, an unapproved unit can additionally draw fire-code enforcement independent of the sidewalk cafe permit itself.
Frequently Asked Questions
Can a downtown New Braunfels restaurant put out patio heaters for its sidewalk cafe?
Why does the fire marshal have to approve sidewalk cafe heaters?
What happens if a cafe uses a heater without approval?
Sources & Official References
Other rules in New Braunfels
Texas rules heatmap·Compare New Braunfels to another location·View the Texas special events & permits overview
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