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Waco, TX Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Waco, 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

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

Summary

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.

No person shall burn any cut or uncut grass, weeds, brush, or other vegetation, or any other material upon any lot or premises within the corporate limits of the city, except after obtaining a permit from the fire marshal and subject to the conditions upon which said permit was issued and except for the cooking fires authorized by and in accordance with this chapter.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 88).

Full Breakdown

Section 10-45(c) of Waco's fire chapter reaches essentially any open burning of vegetation or debris: "any cut or uncut grass, weeds, brush, or other vegetation, or any other material" cannot be burned on any lot or premises within the corporate limits without a fire marshal permit, and the burn must then follow whatever conditions came with that permit. The only carve-out is for cooking fires already authorized under the chapter's outdoor-fire rules, meaning a compliant backyard barbecue pit or attended cooking fire under § 10-45(a)-(b) doesn't itself need a separate burn permit, but burning brush, leaves or grass clippings does.

Because the fire marshal administers the permit and its conditions, the office can restrict timing, size, or method, and can deny a permit outright when conditions are hazardous. Enforcement personnel include the fire marshal's office and fire department staff, and the police department may assist where the fire chief requests it under § 10-2(a). Chapter 10 imposes strict liability for violations under § 10-2(b), so unpermitted burning is enforceable regardless of intent. This local permit requirement functions independently of any county-level burn ban McLennan County or the state may declare during drought conditions; a county burn ban does not substitute for, or override, Waco's separate fire marshal permit requirement inside city limits, and residents inside Waco need the city permit regardless of county burn-ban status.

Violations & Fines

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).

Frequently Asked Questions

Can I burn a brush pile in my backyard without a permit?
No. Section 10-45(c) bans burning grass, weeds, brush, or any other material anywhere within Waco's corporate limits unless the fire marshal has issued a permit and the burn stays within that permit's conditions.
Does my backyard cooking fire need this burn permit too?
No. Section 10-45(c) exempts cooking fires already authorized under the chapter's outdoor-fire rules, so a compliant barbecue pit or attended cooking fire under § 10-45(a)-(b) doesn't need a separate open-burning permit.
If the county lifts its burn ban, can I burn without a city permit?
No. Waco's fire marshal permit requirement under § 10-45(c) applies inside city limits independently of any county-level burn ban, so a lapsed county ban does not remove the need for the city's own permit before burning vegetation.

Sources & Official References

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How Waco compares: Cities with the Strictest Outdoor Burning Rules·Texas rules heatmap·Compare Waco to another location·View the Texas fire regulations overview

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