Tree waste rules in Texas: outdoor burning of brush, landclearing, nonattainment counties and designated burn sites

This page reports what the official source says. It is not legal advice: ask the office named here. It follows sections 111.201, 111.203, 111.209, 111.215 and 111.219 of title 30 of the Texas Administrative Code, issued by the Texas Commission on Environmental Quality, as shown by the Cornell Legal Information Institute. The source notes show sections 111.201, 111.215 and 111.219 adopted effective September 16, 1996 with no later change recorded. Section 111.203 shows amendments effective July 19, 2006 and August 3, 2017, and section 111.209 shows amendments effective June 12, 2002, November 18, 2004, July 19, 2006 and November 12, 2020.

General prohibition

According to section 111.201, no person may cause, suffer, allow or permit any outdoor burning in Texas except as the subchapter or a commission order or permit provides. Section 111.203 defines a landclearing operation as uprooting, cutting or clearing vegetation to convert land for buildings, rights-of-way or development, or to raise property value, access or production. The definition says it does not include maintenance burning of on-site property waste such as fallen limbs, branches or leaves from routine clean-up, nor prescribed burning. It defines a practical alternative as an economically, technologically, ecologically and logistically viable option.

On-site burning of plant growth

Under the text of section 111.209, the rules authorize, among its disposal fires, on-site burning of trees, brush, grass, leaves, branch trimmings or other plant growth by the property owner or anyone the owner authorizes, when the material comes only from that property. It says no commission notification or approval is required. The rule splits by county.

In a county in a designated nonattainment area, or one containing part of a municipality that extends into one, the burning is allowed for plant growth from right-of-way maintenance, landclearing and canal maintenance, only when no practical alternative to burning exists, and it must meet the general requirements of section 111.219.
In any other county the same plant growth may be burned, subject to local ordinances that prohibit burning inside city or town limits and to parts (3), (4), (6) and (7) of section 111.219.

The section has other exceptions that touch tree work. A designated site outside a municipality, in a county with fewer than 50,000 people, may host consolidated burning of trees, brush, grass, leaves, branch trimmings and other plant growth from specific residential properties. The site owner must post a placard of at least 48 by 24 inches at every entrance, designate the properties, keep a record of them, ensure only plant growth from them is burned, and ensure that a paid or volunteer firefighter directly supervises each burn, with notice to the commission regional office 24 hours ahead. A county or municipal government may also burn brush, trees and other plant growth that causes a detrimental public health and safety condition at a site it owns, after the executive director approves the site and the burn, when no practical alternative exists. Section 111.209 also allows domestic waste burning at a private residence housing not more than three families when no collection is provided, listing branch trimmings among wastes that can be burned.

Requirements for allowed burning

The conditions in section 111.219 on general requirements apply to burning that is otherwise authorized, when a section calls for them.

Burning must be outside the corporate limits of a city or town, unless the city or town has an ordinance permitting it.
Burning starts no earlier than one hour after sunrise, finishes no later than one hour before sunset on the day it starts, and is attended by a responsible party throughout.
Burning is not started when surface wind is predicted to be under six miles an hour or over 23 miles an hour, or during persistent low-level temperature inversions.
Burning is downwind of, or at least 300 feet from, any structure with sensitive receptors on adjacent properties, unless the adjacent occupant approves in writing. Flag-persons are posted on affected roads if smoke may blow across them.
Electrical insulation, treated lumber, plastics, non-wood construction and demolition material, heavy oils, asphaltic material, explosives, chemical wastes and items containing rubber must not be burned.

Approval of otherwise banned burning

According to section 111.215, burning not otherwise authorized may be allowed by written permission of the executive director if there is no practical alternative and the burning will not cause or add to a nuisance, a traffic hazard or a breach of an air standard. The permission may be revoked at any time if the burning causes nuisance, breaks the conditions or violates a permit or air quality standard.

For other places see the table on tree waste and chip rules. Rules for moving wood are on moving firewood in Texas.