Montgomery County, TX Fire Regulations: Wildfire Zones (2026)
Key Facts
- County Authority
- Burn bans only, no WUI zones
- Burn Ban Law
- TX Local Gov Code 352.081
- Risk Tool
- TxWRAP (Texas A&M Forest Svc)
- Woodlands
- Firewise USA voluntary
- Burn Ban Fine
- Up to $500, Class C
Summary
Montgomery County sits in the Piney Woods with high wildfire risk, especially during drought. The county does not designate formal wildfire hazard zones but uses Local Gov Code Sec. 352.051 burn bans and Texas A&M Forest Service Firewise guidance. Conroe and The Woodlands encourage defensible space voluntarily; no mandatory clearance ordinance exists countywide.
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. ... The period may not extend beyond the 90th day after the date the order is adopted.
Full Breakdown
Unlike California, Texas has no statutory wildland-urban interface (WUI) map forcing defensible space, and Texas counties (including Montgomery County) have no general zoning or fire-code authority in unincorporated areas under HB 2127 and the limited police powers of Local Government Code Chapters 232-234. What Montgomery County can and does do is issue burn bans under Local Government Code Sec. 081 when the Keetch-Byram Drought Index (KBDI) is high, prohibiting outdoor burning countywide; violating an active burn ban is a Class C misdemeanor up to $500.
The Texas A&M Forest Service (TFS) provides the county's primary wildfire risk mapping through the Texas Wildfire Risk Assessment Portal (TxWRAP) and promotes voluntary Firewise USA community standards: 0-5 ft noncombustible zone, 5-30 ft lean/clean/green, 30-100 ft reduced fuel. The City of Conroe enforces the International Fire Code (currently IFC 2021) through its Fire Marshal's Office, which addresses combustible vegetation under IFC Sec. 304 (tall weeds/debris removal) but not formal defensible-space zones. The Woodlands Township partners with The Woodlands Fire Department and has achieved Firewise USA status in several villages; homeowners are encouraged (not required) to use Class A roofing, ember-resistant vents, and maintain clearance around structures.
Insurance carriers in the Piney Woods increasingly require wildfire mitigation questionnaires. Post-Harvey (2017) and the 2011 Riley Road Fire (which burned 19,000+ acres in Magnolia/Waller County area), the county upgraded mutual-aid response but still has no mandatory vegetation management ordinance for unincorporated lots.
Violations & Fines
Burn ban violations: Class C misdemeanor, fine up to $500 per incident under TX Local Gov Code Sec. 352.081. Conroe IFC Sec. 304 weeds/combustibles: notice of violation with 10-day cure period, then municipal court citations. The Woodlands Firewise: voluntary program, no fines; deed-restriction violations for overgrown vegetation can be enforced civilly. Starting a wildfire through negligence: potential civil liability for suppression costs (TFS cost-recovery) plus criminal charges under Penal Code Sec. 28.02 (arson) if intentional.
Frequently Asked Questions
Is there a mandatory defensible-space rule in Montgomery County?
How do I know if a burn ban is active?
Does Conroe require fire-resistant roofing?
Sources & Official References
Other rules in Montgomery County
Texas rules heatmap·Compare Montgomery County to another location·View the Texas fire regulations overview
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