Prescribed burning shall be authorized when conducted under
the direction of a Certified and Insured Prescribed Burn Manager,
as defined in §111.203 of this title (relating to Definitions),
for forest, range and wildland/wildlife management and wildfire hazard
mitigation purposes, with the exception of coastal salt-marsh management
burning. When possible, notification of intent to burn should be made
to the appropriate commission regional office prior to the proposed
burn. Commission notification or approval is not required. Such burning
shall be subject to the following requirements, and not the requirements
in §111.219 of this title (relating to General Requirements for
Allowable Outdoor Burning).
(1) 4 TAC Chapter 227 (relating to Requirements for
Certified and Insured Prescribed Burn Managers) and Chapter 228 (relating
to Procedures for Certified and Insured Prescribed Burn Managers).
(2) Prior to prescribed or controlled burning for forest
management purposes, the Texas Forest Service shall be notified.
(3) Burning must be outside the corporate limits of
a city or town except where the incorporated city or town has enacted
ordinances which permit burning consistent with the Texas Clean Air
Act, Subchapter E, Authority of Local Governments.
(4) Burning shall be commenced and conducted only when
wind direction and other meteorological conditions are such that smoke
and other pollutants will not cause adverse effects to any public
road, landing strip, navigable water, or off-site structure containing
sensitive receptor(s).
(5) Burning shall be conducted in compliance with the
following meteorological and timing considerations:
(A) The initiation of burning shall commence no earlier
than 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 five miles per hour (mph) (four
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.
(6) Electrical insulation, treated lumber, plastics,
non-wood construction/demolition materials, heavy oils, asphaltic
materials, potentially explosive materials, chemical wastes, and items
containing natural or synthetic rubber must not be burned.
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