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Texas outdoor burning rules — what's legal, with and without a burn ban

By Burn Ban Texas · Updated July 25, 2026 · 86 of 254 Texas counties currently have a burn ban

Even when your county has no burn ban, outdoor burning in Texas is regulated year-round by the Texas Commission on Environmental Quality (TCEQ) under the Outdoor Burning Rule (30 Texas Administrative Code Chapter 111). Here is how the two layers fit together.

Layer 1: TCEQ's statewide Outdoor Burning Rule

The general rule is that outdoor burning is prohibited in Texas, with specific exceptions, the most common being:

• Domestic waste burning — household trash and yard waste from your own residence, generally allowed only where no trash collection service is available (typically rural areas outside city limits).
• Brush and vegetation from your own property — on-site burning of trees, brush, and plant growth, subject to conditions.
• Firefighter training, prescribed burns, and certain agricultural, utility, and public-safety burns.

Even exempt burns come with conditions: burn only during daylight, stay downwind of and at least 300 feet from neighboring occupied structures (or get the occupants' prior approval), attend the fire at all times, and don't burn when the TCEQ has issued an air pollution watch or when winds are too strong or too calm. Many cities prohibit open burning entirely inside city limits regardless of TCEQ exceptions.

Layer 2: County burn bans

When drought hits, a county commissioners court can enact a burn ban under Local Government Code §352.081 that overrides the normal exceptions — activities that are ordinarily legal (like burning brush on your own rural land) become prohibited until the ban is lifted. Violating a ban is a Class C misdemeanor with a fine of up to $500. Check your county's current status here.

Practical checklist before you burn

1. Is your county under a burn ban today? If yes, don't burn.
2. Are you inside city limits? Check your city's open burning ordinance.
3. Does your burn fit a TCEQ exception (domestic waste with no collection service, on-site brush, etc.)?
4. Check the weather: daylight hours, moderate wind (commonly cited guidance is roughly 6–23 mph), no air quality watch.
5. Notify neighbors if smoke may affect them, keep water and tools on hand, and never leave the fire unattended.

Frequently asked questions

Is it legal to burn trash in Texas?

Only in limited cases. Under TCEQ's Outdoor Burning Rule, burning domestic waste is generally allowed only where no trash collection service is available — typically rural areas outside city limits — and never during a county burn ban.

Can I burn brush on my property in Texas?

Usually yes on rural property, under TCEQ's on-site brush burning exception, with conditions (daylight only, distance from neighbors, attended at all times). A county burn ban suspends this — check your county first.

Do I need a permit to burn in Texas?

Most residential domestic-waste and on-site brush burns don't require a TCEQ permit, but they must follow the Outdoor Burning Rule's conditions. Cities and some counties may impose their own permit or notification requirements, and prescribed burns have separate rules.

What wind speed is safe for outdoor burning?

Commonly cited Texas guidance is to burn only when surface wind is roughly between 6 and 23 miles per hour — enough to disperse smoke but not enough to spread the fire. Never burn in high wind or dead calm.

Does a burn ban override TCEQ exceptions?

Yes. When a county burn ban is active, normally exempt activities like rural trash or brush burning are prohibited until the ban is lifted.