Backyard and open fires in unincorporated Hidalgo County follow the state outdoor-burning rules in 30 TAC Chapter 111 and any active Commissioners Court burn ban. Any fire must be attended, and the person burning remains liable for resulting damage.
Backyard open burning in the unincorporated county is regulated under Chapter 111 of Title 30 of the Texas Administrative Code and enforced by the Fire Marshal's Office. When no burn ban is in effect, burning may 'commence no earlier than one hour after sunrise' and must finish 'not later than one hour before sunset,' must not begin in winds below six or above 23 mph, and may not occur during temperature inversions. Burning must be 'attended by a responsible party at all times during the active burn phase.' The authority to burn 'does not exempt or excuse any person responsible from the consequences, damages, or injuries resulting from the burning.' When the Commissioners Court declares a burn ban 'effective immediately
Unattended burning, burning outside permitted hours or wind conditions, or burning during a burn ban may be cited. A burn-ban order violation is a Class C misdemeanor with a fine up to $500, and the person burning is liable for
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