Fireworks are regulated under Texas law and by county burn ban authority. During active burn bans, all fireworks are prohibited. Outside of burn bans, consumer fireworks may be used in unincorporated areas but are prohibited within 600 feet of occupied structures in some circumstances.
Texas Occupations Code Chapter 2154 governs fireworks statewide. In unincorporated Montgomery County, consumer fireworks (approved by State Fire Marshal) may be legally used outside of burn bans. When the County Judge declares a burn ban, all fireworks are prohibited throughout the county regardless of incorporation status. Many Montgomery County subdivisions have HOA deed restrictions prohibiting fireworks entirely. The Montgomery County Fire Marshal enforces fireworks safety and investigates fires. Contact: 936-538-8288.
Illegal fireworks: Class C misdemeanor $500. During burn ban: Class A misdemeanor up to $4,000 + 1 year jail.
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See how Montgomery County's fireworks rules stack up against other locations.
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