Texas Outdoor Burning Generally Prohibited Under TCEQ Rules

Under the Texas Clean Air Act (HSC Chapter 382) and 30 TAC 111.201-111.221, outdoor burning is prohibited in Texas unless it qualifies for a listed exception such as fires for cooking, recreation, or ceremonial use; firefighter training; prescribed burns by certified burn managers; on-site disposal of plant growth where no public service is available; or specific agricultural or land clearing operations conducted between sunrise and sunset, more than 300 feet from neighboring structures, with notification to the local fire department. Local Government Code 352.081 authorizes county commissioners courts to prohibit outdoor burning entirely during drought conditions through county burn bans. Cities may adopt stricter local ordinances, and municipal fire codes typically restrict open burning further.

Burning without an exception, ignoring a county burn ban, burning prohibited materials such as tires, plastics, or treated wood, or burning during high-wind days can result in TCEQ administrative penalties up to $25,000 per day, county fines, and liability for any escape damages.