Waco's Fire Regulations: The Rules That Matter

Every city handles fire regulations a little differently. In Waco, Texas, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Brush Clearance

Waco requires every property under five acres to be cleared entirely of brush, while larger tracts must be kept clear within 100 feet of a right-of-way or property line. The rule is enforced under the same weeds-and-vegetation notice process, with seven days to comply before the city acts.

Key details: Under 5 acres: All brush must be cleared. 5+ acres: Clear brush within 100 ft of line. Notice period: 7 days to comply. Enacted: Ord. No. 2025-815, Nov. 4, 2025. Enforcement: Municipal court or city abatement.

Failure to clear brush within seven days of notice under Sec. 16-66 exposes the responsible party to referral to municipal court for criminal prosecution, or the city may do the clearing itself and assess the cost against the property under Sec. 16-67. A repeat violation of the same kind within one year of a prior notice allows the city to act again without any further notice.

Fire Pits & Backyard Fires

A backyard stove, oven or barbecue pit used outdoors in Waco must sit at least 10 feet from any adjoining building; an open cooking fire not built in a pit needs 50 feet from the nearest structure and constant attendance with a hose or extinguisher on hand.

Key details: Stove/oven/barbecue pit setback: 10+ feet from adjoining building. Open ground cooking fire setback: 50+ feet from nearest structure. Attendance: constantly watched until extinguished. Extinguishing equipment: garden hose or extinguisher required on-site. Permit needed: no, for a compliant cooking fire.

Operating a stove, oven or barbecue pit closer than 10 feet to an adjoining building, or an open cooking fire closer than 50 feet to a structure or left unattended without extinguishing equipment on hand, is a strict-liability offense under § 10-2(b); no culpable mental state is required. The fire marshal's office and fire department personnel enforce the setback and attendance requirements under § 10-2(a).

Outdoor Burning

Waco bans burning grass, weeds, brush, or any other material anywhere within city limits unless the fire marshal has issued a permit and the burn follows the permit's conditions. A compliant backyard cooking fire under the city's separate outdoor-fire rules is the only exception.

Key details: Covered material: grass, weeds, brush, vegetation, or any material. Permit required from: the fire marshal. Exception: compliant cooking fires under § 10-45(a)-(b). Applies: citywide, within corporate limits. Liability standard: strict liability, no intent required.

Burning grass, weeds, brush, or other material without a fire marshal permit, or outside the conditions the permit imposed, is unlawful under § 10-45(c) and a strict-liability offense under § 10-2(b), meaning no intent to violate is required for a citation. The fire marshal's office and fire department personnel enforce the permit requirement under § 10-2(a).

This is not one of those rules that cities tend to ignore. Waco actively enforces its outdoor burning requirements.

Fireworks

Waco prohibits the use of fireworks within city limits except by licensed professionals with permits. Texas state law allows certain fireworks in unincorporated areas, but Waco's city ordinance bans consumer use.

Key details: Consumer Fireworks: Banned in city. Professional Displays: Permit required. Enforcement: Fire & Police Dept.. Fine: Up to $2,000.

Class C misdemeanor. Fines up to $2,000. Confiscation of fireworks. Fire-related damages may result in additional criminal charges.

The Bottom Line

Waco's fire regulations rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Waco is broadly strict or permissive.

All of the above reflects Waco's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.