Unless specifically defined in the Texas Clean Air Act (TCAA)
or in the rules of the Texas Commission on Environmental Quality (commission),
the terms used by the commission have the meanings commonly ascribed
to them in the field of air pollution control. In addition to the
terms that are defined by the TCAA, the following terms, when used
in this subchapter, have the following meanings, unless the context
clearly indicates otherwise.
(1) Certified and Insured Prescribed Burn Manager--A
person with ultimate authority and responsibility for a prescribed
burn, who has been certified by the Prescribed Burning Board of the
Texas Department of Agriculture. The certification issued by the Prescribed
Burning Board must be considered effective, and to have met the certification
requirements found in 4 TAC Chapter 226 (relating to Requirements
for Certification by the Board), at the time the prescribed burn is
(2) Extinguished--The absence of any visible flames,
glowing coals, or smoke.
(3) Landclearing operation--The uprooting, cutting,
or clearing of vegetation in connection with conversion for the construction
of buildings, rights-of-way, residential, commercial, or industrial
development, or the clearing of vegetation to enhance property value,
access, or production. It does not include the maintenance burning
of on-site property wastes such as fallen limbs, branches, or leaves,
or other wastes from routine property clean-up activities, nor does
it include prescribed burning or burning following clearing for ecological
(4) Neighborhood--A platted subdivision or property
contiguous to and within 300 feet of a platted subdivision.
(5) Practical alternative--An economically, technologically,
ecologically, and logistically viable option.
(6) Prescribed burn--The controlled application of
fire to naturally occurring or naturalized vegetative fuels under
specified environmental conditions and confined to a predetermined
area, following appropriate planning and precautionary measures.
(7) Refuse--Garbage, rubbish, paper, and other decayable
and nondecayable waste, including vegetable matter and animal and
(8) Structure containing sensitive receptor(s)--A man-made
structure utilized for human residence or business, the containment
of livestock, or the housing of sensitive live vegetation. The term
"man-made structure" does not include such things as range fences,
roads, bridges, hunting blinds, or facilities used solely for the
storage of hay or other livestock feeds. The term "sensitive live
vegetation" is defined as vegetation that has potential to be damaged
by smoke and heat, examples of which include, but are not limited
to, nursery production, mushroom cultivation, pharmaceutical plant
production, or laboratory experiments involving plants.
(9) Sunrise/Sunset--Official sunrise/sunset as set
forth in the United States Naval Observatory tables available from
National Weather Service offices.
(10) Wildland--Uncultivated land other than fallow,
land minimally influenced by human activity, and land maintained for
biodiversity, wildlife forage production, protective plant cover,
or wildlife habitat.