Except as provided in Local Government Code, §352.082,
outdoor burning is authorized for the following:
(1) domestic waste burning at a property designed for
and used exclusively as a private residence, housing not more than
three families, when collection of domestic waste is not provided
or authorized by the local governmental entity having jurisdiction,
and when the waste is generated only from that property. Provision
of waste collection refers to collection at the premises where the
waste is generated. The term "domestic waste" is defined in §101.1
of this title (relating to Definitions). Wastes normally resulting
from the function of life within a residence that can be burned include
such things as kitchen garbage, untreated lumber, cardboard boxes,
packaging (including plastics and rubber), clothing, grass, leaves,
and branch trimmings. Examples of wastes not considered domestic waste
that cannot be burned, include such things as tires, non-wood construction
debris, furniture, carpet, electrical wire, and appliances;
(2) diseased animal carcass burning when burning is
the most effective means of controlling the spread of disease;
(3) veterinarians in accordance with Texas Occupations
Code, §801.361, Disposal of Animal Remains;
(4) on-site burning of trees, brush, grass, leaves,
branch trimmings, or other plant growth, by the owner of the property
or any other person authorized by the owner, and when the material
is generated only from that property:
(A) in a county that is part of a designated nonattainment
area or that contains any part of a municipality that extends into
a designated nonattainment area; if the plant growth was generated
as a result of right-of-way maintenance, landclearing operations,
and maintenance along water canals when no practical alternative to
burning exists. Such burning is subject to the requirements of §111.219
of this title (relating to General Requirements for Allowable Outdoor
Burning). Commission notification or approval is not required; or
(B) in a county that is not part of a designated nonattainment
area and that does not contain any part of a municipality that extends
into a designated nonattainment area; this provision includes, but
is not limited to, the burning of plant growth generated as a result
of right-of-way maintenance, landclearing operations, and maintenance
along water canals. Such burning is subject to local ordinances that
prohibit burning inside the corporate limits of a city or town and
that are consistent with the Texas Clean Air Act, Chapter 382, Subchapter
E, Authority of Local Governments, and the requirements of §111.219(3),
(4), (6), and (7) of this title. Commission notification or approval
is not required;
(5) at a site designated for consolidated burning of
waste generated from specific residential properties. A designated
site must be located outside of a municipality and within a county
with a population of less than 50,000. The owner of the designated
site or the owner's authorized agent shall:
(A) post at all entrances to the site a placard measuring
a minimum of 48 inches in width and 24 inches in height and containing,
at a minimum, the words "DESIGNATED BURN SITE - No burning of any
material is allowed except for trees, brush, grass, leaves, branch
trimmings, or other plant growth generated from specific residential
properties for which this site is designated. All burning must be
supervised by a fire department employee or a volunteer firefighter.
For more information call {PHONE NUMBER OF OWNER OR AUTHORIZED AGENT}."
The placard(s) must be clearly visible and legible at all times;
(B) designate specific residential properties for consolidated
burning at the designated site;
(C) maintain a record of the designated residential
properties. The record must contain the description of a platted subdivision
and/or a list of each property address. The description must be made
available to commission or local air pollution control agency staff
within 48 hours, if requested;
(D) ensure that all waste burned at the designated
site consists of trees, brush, grass, leaves, branch trimmings, or
other plant growth;
(E) ensure that all such waste was generated at specific
residential properties for which the site is designated; and
(F) ensure that all burning at the designated site
is directly supervised by an employee of a fire department who is
part of the fire protection personnel, as defined by Texas Government
Code, §419.021, and is acting in the scope of the person's employment,
or a volunteer firefighter acting in the scope of the firefighter's
volunteer duties. The fire department employee or volunteer firefighter
shall notify the appropriate commission regional office with a telephone
or electronic facsimile notice 24 hours in advance of any scheduled
supervised burn. The commission shall provide the employee or volunteer
firefighter with information on practical alternatives to burning.
Commission approval is not required;
(6) crop residue burning for agricultural management
purposes when no practical alternative exists. Such burning shall
be subject to the requirements of §111.219 of this title and
structures containing sensitive receptors must not be negatively affected
by the burn. When possible, notification of the intent to burn should
be made to the appropriate commission regional office prior to the
proposed burn. Commission notification or approval is not required.
This section is not applicable to crop residue burning covered by
an administrative order; and
(7) brush, trees, and other plant growth causing a
detrimental public health and safety condition burned by a county
or municipal government at a site it owns upon receiving site and
burn approval from the executive director. Such a burn can only be
authorized when there is no practical alternative, and it may be done
no more frequently than once every two months. Such burns cannot be
conducted at municipal solid waste landfills unless authorized under §111.215
of this title (relating to Executive Director Approval of Otherwise
Prohibited Outdoor Burning), and shall be subject to the requirements
of §111.219 of this title.
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| Source Note: The provisions of this §111.209 adopted to be effective September 16, 1996, 21 TexReg 8509; amended to be effective June 12, 2002, 27 TexReg 4953; amended to be effective November 18, 2004, 29 TexReg 10515; amended to be effective July 19, 2006, 31 TexReg 5654; amended to be effective November 12, 2020, 45 TexReg 7998 |
