Outdoor Burning Rules Reference: Texas Administrative Code, Title 30, Chapter 111 Effective July 19, 2006 The above law states that the following rules are in affect statewide during “normal” conditions, at all times that a more restrictive “burn ban” is not in affect. Burning is subject to local ordinances that prohibit burning inside the corporate limits of a city or town. No outdoor burning is allowed except by orders or permits of the TCEQ, or if one of the following exceptions is met. • When requested in writing for firefighter training. • When used solely for recreation, ceremony, cooking, or warmth. • For disposal of normal domestic waste from a private residence, housing not more than 3 families, when the waste is generated only from that property. Examples of wastes that may be burned include such things as kitchen garbage, untreated lumber, cardboard boxes, packaging materials (including plastic and rubber), clothing, grass, leaves, and tree trimmings. Examples of wastes that may not be burned include tires, electrical wire, treated lumber, asphaltic materials, non-wood construction/demolition materials, heavy oils, potentially explosive materials, chemical wastes, furniture, carpet, appliances, and plastic and rubber items that are not packaging materials. • Animal carcasses may be burned to control the spread of disease. • Trees, brush, grass, and leaves, may be burned on the property from which it is generated. • Consolidated burning of plant growth is allowed at designated sites. Contact this office for the requirements to operate a designated consolidated burn site. • Crop residue may be burned when no practical alternative exists. • A county or municipal government, after receiving approval from the TCEQ, may burn trees and brush causing a detrimental public health and safety condition. • Burning is allowed for forest, range, and wildland/wildlife management purposes. • Hydrocarbon burning is allowed from pipeline breaks and oil spills after proper notification to and approval from the TCEQ. ALLOWED BURNING IS SUBJECT TO THE FOLLOWING REQUIREMENTS: • Prior to burning for forest management, the Texas Forest Service must be notified. • Burning must be outside the limits of an incorporated city unless the city has ordinances that permit burning consistent with the Texas Clean Air Act. • Burning may only be conducted when wind direction is such that smoke and other pollutants will not adversely affect any public road, landing strip, navigable water, or off-site structure containing sensitive receptors. (A structure containing sensitive receptors is a man-made structure used for human residence or business, the containment of livestock, or the housing of sensitive live vegetation, it does not include such things as fences, roads, bridges, hunting blinds, or barns used solely to store hay or other feed. Examples of sensitive live vegetation include but are not limited to nursery production, mushroom cultivation, pharmaceutical plant production, and laboratory experiments involving plants.) • If the burning causes smoke to blow onto or across a road or highway, it is the responsibility of the person conducting the burn to post flag-persons on the road. • Burning must be downwind of or at least 300 feet from any structure containing sensitive receptors located on adjacent properties unless prior written approval is obtained from the occupant. • Burning may commence no earlier than one hour after sunrise and must be completed on the same day no later than one hour before sunset. Smoldering fires that continue to emit smoke after this time shall be extinguished if the smoke has the potential to create a nuisance or traffic hazard. • A responsible party must attend the burn at all times during the active burn phase. • Burning may only be conducted when wind speed is between 6 and 23 mph. • Burning may not be conducted during low-level atmospheric temperature inversions. Conducting burning in compliance with these rules does not exempt the responsible party from the consequences, damages, or injuries resulting from the burn and does not excuse anyone from complying with all other applicable laws.