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Denton County, TX Fire Regulations: Fire Pits & Backyard Fires (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Fire pit rules in Denton County, TX, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.

Key Facts

Gas/Propane Pits
Allowed during burn bans
Wood Fires
Prohibited during burn bans
Setback
25 ft from structures (ESD recommendation)
Attendance
Fire must be attended at all times

Summary

Recreational backyard fires are generally permitted in unincorporated Denton County when no burn ban is active. Gas and propane fire pits are exempt from burn bans. Wood-burning fire pits must meet TCEQ requirements and stay attended at all times.

City-specific rules exist: Little Elm, Lewisville, and Denton have their own fire pits & backyard fires rules that differ from Denton County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Sec. 352.081. REGULATION OF OUTDOOR BURNING. (c) The commissioners court of a county by order may prohibit or restrict outdoor burning in general or outdoor burning of a particular substance in all or part of the unincorporated area of the county if: (1) drought conditions have been determined to exist as provided by Subsection (b); or (2) the commissioners court makes a finding that circumstances present in all or part of the unincorporated area create a public safety hazard that would be exacerbated by outdoor burning. (d) An order adopted under this section must specify the period during which outdoor burning is prohibited or restricted. The period may not extend beyond the 90th day after the date the order is adopted.

Source: TX Local Government Code 352.082View official code

Full Breakdown

Unincorporated Denton County does not have a standalone backyard fire ordinance. Recreational fires are governed by TCEQ 30 TAC 111.209 and any active county burn ban. Gas and propane fire pits are exempt from county burn bans under Texas Local Government Code 352.082, which excludes outdoor cooking and gas-fueled devices from ban restrictions. Wood-burning fire pits and chimineas are permitted when no burn ban is in effect, provided the fire is contained in a non-combustible enclosure, kept to a reasonable size, does not produce excessive smoke, and is attended at all times. The fire must not burn prohibited materials such as garbage, treated lumber, or plastics. Many HOA-governed subdivisions in unincorporated Denton County impose their own fire pit restrictions, including setback requirements from structures and property lines. Emergency Services Districts recommend maintaining fire pits at least 25 feet from structures and having a water source nearby.

Violations & Fines

Using a wood-burning fire pit during an active burn ban is a Class C misdemeanor with fines up to $500. If a backyard fire escapes and damages neighboring property, the responsible party may face civil liability and potential arson charges under Texas Penal Code 28.02.

Frequently Asked Questions

Can I have a backyard fire pit in unincorporated Denton County?
Yes. Gas and propane fire pits are allowed at any time, even during burn bans. Wood-burning fire pits are allowed when no burn ban is active. Keep fires attended, use a non-combustible container, and do not burn garbage or treated wood.
Do HOAs in Denton County restrict fire pits?
Many do. HOA deed restrictions in Denton County subdivisions often impose setback rules, material limits, and sometimes ban open flames entirely. Check your CC&Rs before installing a fire pit.

Sources & Official References

Other rules in Denton County

All Denton County rules

How Denton County compares: Cities with the Strictest Fire Pit Rules·Texas rules heatmap·Compare Denton County to another location·View the Texas fire regulations overview

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