Outdoor Burning in Texas - Texas Municipal League

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OUTDOOR BURNING IN TEXASAppendix COutdoor Burning RuleThe Outdoor Burning Rule is reproduced below from30 TAC 111.201–221. A current copy of the rule can beobtained from the TCEQ by calling 512-239-0028, or at.§111.201. General Prohibition.No person may cause, suffer, allow, or permit any outdoorburning within the State of Texas, except as provided bythis subchapter or by orders or permits of the commission.Outdoor disposal or deposition of any material capable ofigniting spontaneously, with the exception of the storage ofsolid fossil fuels, shall not be allowed without written permissionof the executive director. The term “executive director,”as defined in Chapter 3 of this title (relating to Definitions),includes authorized staff representatives.§111.203. Definitions.Unless specifically defined in the Texas Clean Air Act(TCAA) or in the rules of the Texas Commission on EnvironmentalQuality (commission), the terms used by thecommission have the meanings commonly ascribed to themin the field of air pollution control. In addition to the termsthat are defined by the TCAA, the following terms, whenused in this chapter, have the following meanings, unless thecontext clearly indicates otherwise.(1) Extinguished—The absence of any visible flames,glowing coals, or smoke.(2) Landclearing operation—The uprooting, cutting,or clearing of vegetation in connection with conversionfor the construction of buildings, rights-of-way,residential, commercial, or industrial development, orthe clearing of vegetation to enhance property value,access, or production. It does not include the maintenanceburning of on-site property wastes such as fallenlimbs, branches, or leaves, or other wastes from routineproperty clean-up activities, nor does it include burningfollowing clearing for ecological restoration.(3) Neighborhood—A platted subdivision or propertycontiguous to and within 300 feet of a platted subdivision.(4) Practical alternative—An economically, technologically,ecologically, and logistically viable option.(5) Prescribed burn—The controlled application of fireto naturally occurring vegetative fuels under specifiedenvironmental conditions and confined to a predeterminedarea, following appropriate planning and precautionarymeasures.(6) Refuse—Garbage, rubbish, paper, and other decayableand nondecayable waste, including vegetable matterand animal and fish carcasses.(7) Structure containing sensitive receptor(s)—Aman-made structure utilized for human residence orbusiness, the containment of livestock, or the housing ofsensitive live vegetation. The term “man-made structure”does not include such things as range fences, roads,bridges, hunting blinds, or facilities used solely for thestorage of hay or other livestock feeds. The term “sensitivelive vegetation” is defined as vegetation that haspotential to be damaged by smoke and heat, examples ofwhich include, but are not limited to, nursery production,mushroom cultivation, pharmaceutical plantproduction, or laboratory experiments involving plants.(8) Sunrise/Sunset—Official sunrise/sunset as set forthin the United States Naval Observatory tables availablefrom National Weather Service offices.(9) Wildland—Uncultivated land other than fallow,land minimally influenced by human activity, and landmaintained for biodiversity, wildlife forage production,protective plant cover, or wildlife habitat.§111.205. Exception for Fire Training.(a) Outdoor burning shall be authorized for trainingfirefighting personnel when requested in writing andwhen authorized either verbally or in writing by the localair pollution control agency. In the absence of such localentities, the appropriate commission regional office shallbe notified. The burning shall be authorized if notice ofdenial from the local air pollution control agency, or commissionregional office is not received within 10 workingdays after the date of postmark or the date of personaldelivery of the request.(b) Facilities dedicated solely for firefighting training, atwhich training routinely will be conducted on a frequency14 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
OUTDOOR BURNING IN TEXASof at least once per week, shall submit an annual writtennotification of intent to continue such training to the appropriatecommission regional office and any local air pollutioncontrol agency.(c) Facilities dedicated solely for firefighting training, atwhich training is conducted less than weekly, shall providean annual written notification of intent, with a telephoneor electronic facsimile notice 24 hours in advance of anyscheduled training session. No more than one such notificationis required for multiple training sessions scheduledwithin any one-week period, provided the initial telephone/facsimilenotice includes all such sessions. Both thewritten and telephone notifications shall be submitted tothe appropriate commission regional office and any local airpollution control agency.(d) Authorization to conduct outdoor burning underthis provision may be revoked by the executive director ifthe authorization is used to circumvent other prohibitionsof this subchapter.§111.207. Exception for Fires Used forRecreation, Ceremony, Cooking, and Warmth.Outdoor burning shall be authorized for fires used solelyfor recreational or ceremonial purposes, or in the noncommercialpreparation of food, or used exclusively for thepurpose of supplying warmth during cold weather. Suchburning shall be subject to the requirements of §111.219(7)of this title (relating to General Requirements for AllowableOutdoor Burning).§111.209. Exception for Disposal Fires.Except as provided in Local Government Code,§352.082, outdoor burning is authorized for the following:(1) domestic waste burning at a property designed forand used exclusively as a private residence, housing notmore than three families, when collection of domesticwaste is not provided or authorized by the local governmentalentity having jurisdiction, and when the wasteis generated only from that property. Provision of wastecollection refers to collection at the premises where thewaste is generated. The term “domestic waste” is definedin §101.1 of this title (relating to Definitions). Wastesnormally resulting from the function of life within a residencethat can be burned include such things as kitchengarbage, untreated lumber, cardboard boxes, packaging(including plastics and rubber), clothing, grass, leaves,and branch trimmings. Examples of wastes not considereddomestic waste that cannot be burned, include suchthings as tires, non-wood construction debris, furniture,carpet, electrical wire, and appliances;(2) diseased animal carcass burning when burning is themost effective means of controlling the spread of disease;(3) veterinarians in accordance with Texas OccupationsCode, §801.361, Disposal of Animal Remains;(4) on-site burning of trees, brush, grass, leaves, branchtrimmings, or other plant growth, by the owner of theproperty or any other person authorized by the owner, andwhen the material is generated only from that property:(A) in a county that is part of a designated nonattainmentarea or that contains any part of a municipalitythat extends into a designated nonattainmentarea; if the plant growth was generated as a resultof right-of-way maintenance, landclearing operations,and maintenance along water canals when nopractical alternative to burning exists. Such burningis subject to the requirements of §111.219 of thistitle (relating to General Requirements for AllowableOutdoor Burning). Commission notificationor approval is not required; or(B) in a county that is not part of a designatednonattainment area and that does not contain anypart of a municipality that extends into a designatednonattainment area; this provision includes, but isnot limited to, the burning of plant growth generatedas a result of right-of-way maintenance, landclearingoperations, and maintenance along watercanals. Such burning is subject to local ordinancesthat prohibit burning inside the corporate limits ofa city or town and that are consistent with the TexasClean Air Act, Chapter 382, Subchapter E, Authorityof Local Governments, and the requirements of§111.219(3), (4), (6), and (7) of this title. Commissionnotification or approval is not required.(5) at a site designated for consolidated burning of wastegenerated from specific residential properties. A designatedsite must be located outside of a municipality andwithin a county with a population of less than 50,000.The owner of the designated site or the owner’s authorizedagent shall:(A) post at all entrances to the site a placard measuringa minimum of 48 inches in width and 24inches in height and containing, at a minimum,the words “DESIGNATED BURN SITE - Noburning of any material is allowed except for trees,TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 15
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