Burning Safely and Legally

Fires for Disposal (111.209)

A broad exception to the Burning Rule exists for fires to dispose of waste or clear land. It includes several more specific categories:

1. Domestic waste – Domestic waste (i.e., household trash or rubbish) may be burned when the local governmental organization with jurisdiction over such matters does not collect trash and does not authorize a business or other service to do so.

To qualify for this exception, the waste must come from a property that is designed to be a private residence and used exclusively as a private residence for no more than three families. The waste must also be burned on the property where it was produced.

According to TCEQ rules [30 TAC 101.1(26)], domestic wastes include wastes that normally result from the function of life within a residence (e.g., kitchen garbage, untreated lumber, cardboard boxes, packaging, clothing, grass, leaves, and branch trimmings).

Items such as tires, construction debris, roofing shingles, treated-wood pallets, furniture, carpet, electrical wire, and appliances are not considered domestic waste and cannot be burned.

The Rule specifically prohibits the burning of insulated wire while still allowing the burning of piles created by fence demolition, which contain wire and untreated wood wastes. Other conditions of the general requirements for outdoor burning do not apply. In addition, the burning of domestic waste should not cause a nuisance, in accordance with 30 TAC 101.4.

On-site burning of waste plant growth – In most attainment counties, trees, brush, grass, leaves, branch trimmings, or other plant growth may be burned on the property on which the material grew. In all cases, the plant growth must be burned by the property owner, or another person authorized to do so by the owner.


Local authorities may also regulate outdoor burning by issuing ordinances or burn bans for their area. If an ordinance is in effect, the requirements and restrictions of this ordinances must also be met. TCEQ does not issue or regulate burn bans.

Burn Barrel Requirements: Waste must be placed in a burn barrel or container, topped with a screen or metal grid, and burned downwind of or at least 300 feet from any structure.

 

Burning shall be conducted in compliance with the following meteorological and timing considerations:
 

(A) The initiation of burning shall commence no earlier than one hour after sunrise. Burning shall be completed on the same day not later than one hour before sunset, and shall be attended by a responsible party at all times during the active burn phase when the fire is progressing.

In cases where residual fires and/or smoldering objects continue to emit smoke after this time, such areas shall be extinguished if the smoke from these areas has the potential to create a nuisance or traffic hazard condition. In no case shall the extent of the burn area be allowed to increase after this time.
 

(B) Burning shall not be commenced when surface wind speed is predicted to be less than six miles per hour (mph) (five knots) or greater than 23 mph (20 knots) during the burn period.
 

(C) Burning shall not be conducted during periods of actual or predicted persistent low-level atmospheric temperature inversions.

​​​