Outdoor Burning

The Texas Natural Resource Conservation Commission (TNRCC) is the state regulatory agency charged with safeguarding the state's air quality. The following is a summary of the TNRCC's regulation regarding outdoor burning in cities and counties.

This summary is intended only as a guideline and should not be used to determine compliance with air quality regulations. For more information, contact the nearest TNRCC regional office or the central office in Austin.

1. When no practical alternative exists, as determined by the TNRCC or its executive director in writing;

2. For training fire-fighting personnel (when requested by certified mail and authorized in writing by the local air pollution control agency or local health unit);

3.For disposal of domestic waste at a private residence of not more than three families, if the local government does not provide collection and as long as nuisance conditions are not created;

4. For campfires and other recreational and ceremonial purposes, the non-commercial preparation of food and for supplying warmth in cold weather;

5.To destroy animal carcasses when necessary to prevent the spread of disease;

6. For burning off hydrocarbons from pipeline breaks and oil spills after notifying the executive director and any local air pollution agency. The executive director must also determine whether this type of burning is necessary to protect the public;

7. To burn trees, brush, grass and other dry vegetation in rural, unincorporated areas for right-of-way maintenance and land clearing, and for forest crop and range management purposes if no practical alternative exists.

� Burning as part of salt grass management in 14 coastal counties from Orange to Kleburg is allowed except during predicted or actual air stagnation periods. The TNRCC regional office should be notified before the burn and consulted for appropriate weather information.

� For forest management burning, the Texas Forest Service must also be notified.

� Burning must be conducted outside corporate limits and at least 300 feet from occupied structures, except when necessary to eliminate a naturally occurring fire hazard. Such burning also must not create nuisance conditions or cause traffic hazards.

� Burning must be postponed when wind speed is predicted to be less than 6 mph or greater than 23 mph. Burning also must be completed between 9 AM and 5 PM.

� Outdoor burning of heavy oils, asphalt, synthetic rubber such as tires, or any other material producing excessive amounts of smoke is prohibited.

� Burning is no longer permitted at any municipal solid waste landfill.

* * *

The executive director may specify method to be followed such as requiring the use of trenches to align with prevailing winds, limiting the time for burning and other related factors. Authorization to burn may be revoked if a nuisance condition is created, the conditions of that authority are not followed or if any air quality standard or permit provision is violated.

No outdoor disposal of any material capable of igniting spontaneously is allowed except where specifically authorized by the TNRCC or its executive director.

Permission to conduct outdoor burning under the above exemptions does not excuse the responsible person from any consequences, damages or injuries resulting from burning, and does not excuse anyone from complying with all ordinances of other governmental authorities.