Jurisdiction guide · Texas

County, city, and fire-district burning rules

A Texas county status does not erase city ordinances, state air-quality rules, local fire guidance, or restrictions imposed by the owner or manager of the land.

The short answer

Outdoor-burning rules follow legal boundaries and authority—not the name in a mailing address.

A county order may govern unincorporated territory, a city ordinance may govern land inside city limits, and state outdoor-burning rules apply across Texas. Fire authorities and land managers can also be important sources of current requirements or restrictions. Identify the exact location first, then check every responsible authority.

01 · County authority

What area can a Texas county burn-ban order cover?

Texas Local Government Code § 352.081 allows a county commissioners court, by order, to prohibit or restrict outdoor burning in all or part of the county’s unincorporated area when the statutory conditions are met. The county order is the controlling document for its area, dates, restrictions, and exceptions.

CountyBurnBan’s county status pages report the latest verified statewide county status. They do not determine whether a property lies inside the unincorporated area or interpret an individual order for a planned activity.

02 · Municipal boundaries

A city can have separate outdoor-burning rules

TCEQ’s official guidance explains that some municipalities prohibit or restrict outdoor burning within their corporate limits and tells residents to check with municipal officials. A city rule can matter even when the statewide county list shows no active county ban.

A postal city is not proof of city jurisdiction.

The city name in a street address helps deliver mail. It does not necessarily show whether the property is legally inside that city’s boundary. Confirm the boundary with the city or county when it is unclear.

03 · Local fire information

Why the serving fire authority should be checked

The fire department, emergency services district, fire marshal, or other authority serving a property may provide current instructions, notification procedures, local restrictions, or enforcement information. Its precise legal role varies by location, so do not assume that every department or district has the same authority.

Ask which written ordinance, order, rule, or procedure applies. If you are told that burning is restricted, request the current official notice or the authority that issued it. This helps distinguish a legal prohibition from a safety recommendation; both can be important, but they answer different questions.

04 · Ownership and management

Public, leased, and managed land can have additional restrictions

A land owner or manager may prohibit fires even when no county ban is reported. State parks, federal lands, Tribal lands, campgrounds, homeowners associations, leases, and private agreements can each have rules or conditions that are separate from the county status.

Legal jurisdiction

  • Texas outdoor-burning rules.
  • The current county order.
  • City ordinances and other governmental restrictions.

Property authority

  • Owner or lease conditions.
  • Park, campground, or land-manager fire rules.
  • Site-specific closures and emergency instructions.

05 · A practical sequence

How to identify which rules to check

  1. 1
    Locate the property on an official boundary source.

    Determine whether it is inside a city and which county contains it.

  2. 2
    Identify the serving fire authority.

    Ask the city or county if a department or district boundary is unclear.

  3. 3
    Read the current county and city documents.

    Use dated orders, ordinances, and official notices rather than summaries alone.

  4. 4
    Check the land owner or manager.

    Confirm site-specific restrictions for public, leased, or managed property.

  5. 5
    Check TCEQ and current weather.

    Local status does not replace statewide air-quality rules or a current safety check.

Official references

Read the source material