It is strictly regulated.
Open burning in Texas is legal only under narrow exceptions, primarily regulated by the Texas Commission on Environmental Quality (TCEQ) and local air districts. Permits are mandatory for most activities, with blanket exemptions for minimal burns like campfires or ceremonial fires. Violations incur penalties up to $25,000 daily under the Texas Health and Safety Code §382.085. Recent 2026 compliance shifts emphasize stricter enforcement in nonattainment areas like Houston-Galveston-Brazoria.
Key Regulations for Open Burning in Texas
- Permit Requirements: TCEQ mandates permits for all burns except those explicitly exempt (e.g., yard waste ≤ 500 lbs/day). Local air districts may impose additional restrictions.
- Prohibited Materials: Burning household trash, treated wood, tires, or construction debris is illegal statewide. Agricultural burns require prior notification to TCEQ.
- Seasonal Restrictions: Outdoor burning is banned during ozone season (May–October) in nonattainment zones unless pre-approved for agricultural or land-clearing purposes.
Local jurisdictions, such as the City of Dallas’ Environmental Quality Department, enforce supplementary rules, including buffer zones (1,000 ft from occupied structures) and ignition bans during high-wind advisories. Failure to comply risks administrative orders or criminal charges under Texas Water Code §7.177. Always verify county-specific ordinances before initiating burns.