How Texas's Burn Permit System Works
Texas is one of the most complex states for burn permits because authority is decentralized to 254 counties. The Texas A&M Forest Service (TAFS) provides statewide fire management coordination and education, but the legal authority to restrict or prohibit burning rests with county judges, who issue burn bans through county commissioner orders. The Texas Commission on Environmental Quality (TCEQ) also enforces statewide air quality rules on open burning, which prohibit burning certain materials and require notification for larger burns. TCEQ's rules apply even when no county burn ban is in effect. During significant drought years — 2011, 2012, 2022, and increasingly common severe drought periods — 40 or more Texas counties may be simultaneously under burn bans. The burn ban map at tfsweb.tamu.edu updates in real time as county judges issue or lift bans. This map is the single most important resource for any Texas homeowner planning to burn.
Getting Your Texas Burn Permit
| Detail | Information |
|---|---|
| Permit Agency | Texas A&M Forest Service |
| Phone | (979) 458-6606 |
| Online Portal | https://tfsweb.tamu.edu |
| Cost | Free |
| Valid For | Varies by county |
Step-by-Step Process
- Go to tfsweb.tamu.edu and check the current county burn ban map for your county
- If your county is under a burn ban, stop — no outdoor burning of any kind is permitted
- If no burn ban is active, contact your county fire marshal for any local permit or notification requirements
- For air quality compliance, follow TCEQ's open burning rules statewide (no prohibited materials, setback requirements apply)
- For large burns, burn piles over 20 feet diameter, or land clearing, contact TCEQ's regional office for notification requirements
- Notify neighbors and local fire department before any significant burn as a courtesy and practical safety measure
Seasonal Rules & Burn Bans in Texas
Texas burn bans are most common from March through May (spring dry season) and September through November (fall dry season). During La Niña drought years, bans can persist nearly year-round in western and central Texas. Summer thunderstorm season (June–August) provides some moisture relief but doesn't eliminate fire risk. County burn bans in Texas are issued by the county judge and take effect immediately upon posting. They can be lifted just as quickly when conditions improve. The Keetch-Byram Drought Index (KBDI) is the primary tool county judges use to assess burn ban necessity — most counties issue bans when KBDI exceeds 600. Check the current KBDI map at tfsweb.tamu.edu alongside the burn ban map.
What You Can and Cannot Burn in Texas
Natural vegetation, yard debris, and agricultural residue are all burnable in Texas when no burn ban is active. Texas has a strong agricultural burning tradition — crop residue burning, range burning for grass management, and prescribed burns for wildlife habitat are common across the state. The TCEQ prohibits: household garbage, treated wood, tires, plastics, construction debris, and any materials that produce toxic smoke. Agricultural burns of crop fields, range land, and pasture are generally permitted when no county ban is active and conditions allow.
- Leaves, yard trimmings, and natural vegetation
- Brush, branches, and untreated natural wood
- Downed trees (not treated, painted, or composite)
- Agricultural crop residue (with appropriate permit)
- Storm debris — natural wood only
Penalties for Burning Without a Permit in Texas
Violating a Texas county burn ban is a Class A misdemeanor — up to a $4,000 fine and up to one year in jail. This is significantly more serious than the Class C misdemeanor (up to $500) that applies to burning violations when no ban is in effect. Air quality violations under TCEQ can reach $25,000 per day. Suppression cost liability applies if a fire escapes.
Additionally, if an unpermitted or negligent burn escapes your property and requires wildfire suppression response, you are personally liable for the full cost of suppression — which can reach tens of thousands of dollars even for a modest fire. Use our Suppression Cost Calculator to estimate your exposure.
Frequently Asked Questions — Texas
Visit tfsweb.tamu.edu and open the county burn ban map. It shows real-time ban status for all 254 Texas counties. The map updates when county judges issue or lift bans. You can also sign up for email alerts through the Texas A&M Forest Service website.
There is no single statewide Texas burn permit. Rules are county-level. The critical step: check the burn ban map before any burn. If no ban exists, follow your county fire marshal's rules and TCEQ air quality requirements. Some counties have their own notification or permit requirements even outside of burn bans.
Violating a county burn ban is a Class A misdemeanor — fines up to $4,000 and up to one year in jail. This is a significant escalation from the Class C misdemeanor (up to $500) that applies when no ban is in effect. County judges and law enforcement take burn ban violations seriously during drought conditions.
When no county burn ban is in effect and no local fire marshal permit is required, burning natural vegetation is generally allowed in rural Texas. However, TCEQ air quality rules still apply: no prohibited materials, and notification may be required for larger burns. Always verify there is no active ban at tfsweb.tamu.edu before lighting.
Burn bans have no fixed duration — they remain in effect until the county judge lifts them based on improving conditions. During moderate drought, bans typically last 2–6 weeks. During severe drought years, some counties have maintained bans for 6 months or longer. Check the ban map before every burn, not just when you first plan it.