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Austin, TX Fire Regulations: Outdoor Burning (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Outdoor burning rules in Austin, TX, also called the burn ban, open burning, or fire restriction ordinance, set when you can burn yard waste, debris, or run a recreational fire.

Key Facts

Permit required
For rubbish, warming, bonfire and ag burns
Permit issuer
Austin Fire emergency prevention division
Ag burn minimum parcel
150 contiguous acres, AG zoning
Burn ban rule
No burning during weather-related bans
Mobile incinerator setback
300 feet from occupied structure

Summary

Austin requires an Austin Fire Department permit before anyone kindles a rubbish fire, bonfire, warming fire or agricultural burn anywhere in the city, effectively banning unpermitted open burning under Fire Code Sec. 307.2, and even permitted agricultural burns must stop the moment a weather-related burn ban takes effect under Sec. 308.7.3.

307.2 Permit required. A permit shall be obtained from the fire department emergency prevention division in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, a warming fire, a rubbish fire, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. ... 308.7.3 Burning bans. Burning shall not be permitted during any weather related burn bans.

Source: Austin City Code Chapter 25-12 (Fire Code)View official code

Full Breakdown

2 of Austin's local Fire Code amendments (City Code Sec. " Only an applicant who owns the land where the fire will burn may apply. 2 permit: trench burners (Sec. weekdays; mobile incinerators (Sec. 6) must stay at least 300 feet from any occupied structure or recreational area; and agricultural burning (Sec. 7) is limited to AG-zoned parcels of at least 150 contiguous acres, sited at least 1,320 feet from the nearest park, building or structure. All three categories share one hard weather stop: Sec.

3, titled "Burning bans," states flatly that burning shall not be permitted during any weather related burn bans, while the trench-burner and mobile-incinerator rules separately bar operation during air stagnation advisories and during periods of high fire hazard weather conditions. Because Travis County and the Texas Commission on Environmental Quality both issue burn bans and outdoor-burning restrictions during drought, an Austin permit does not override a county- or state-declared ban; the ordinance text builds that weather-driven restriction directly into the conditions of the city permit.

Violations & Fines

Kindling an open fire without the required Sec. 307.2 permit, or burning during an active weather-related burn ban under Sec. 308.7.3, is a Fire Code misdemeanor citable under City Code Sec. 25-1-462, prosecuted in Municipal Court. The fire code official may also order the fire extinguished immediately and pursue civil or administrative remedies under Sec. 113.3.3.2, including attorney's fees, on top of any criminal citation for the same burn.

Frequently Asked Questions

Can I get a permit to burn yard debris or trash in Austin?
Only through the Austin Fire Department's emergency prevention division, and only the property owner where the fire will occur can apply, under Fire Code Sec. 307.2. The permit covers rubbish fires, bonfires and warming fires; the fire must still meet the 50-foot structure setback set out in Sec. 307.4.
Does a county burn ban stop a fire I already have an Austin permit for?
Yes for agricultural burning: Sec. 308.7.3 states burning is not permitted during any weather-related burn ban, and the trench burner and mobile incinerator rules independently bar operation during high fire hazard weather or air stagnation advisories. A city permit doesn't override a county or TCEQ weather-driven burn restriction.
Can I burn agricultural waste inside Austin city limits?
Only on land zoned AG that totals at least 150 contiguous acres, with the burn site at least 50 feet from the property line and 1,320 feet from the nearest park, building or structure, per Sec. 308.7.1. The permit holder must also carry $1,000,000 in personal injury and $500,000 in property damage liability insurance under Sec. 308.7.5.

Sources & Official References

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