Liberty County Fire Marshal Nathan Green wants to advise residents that outdoor burning laws will be enforced in the coming weeks. Although recent rains have saturated the ground, high winds continue to pose a wildfire risk, and Liberty County remains under a burn ban.
Even when the ban is lifted, Green says many residents are unaware that outdoor burning is heavily regulated by state law—and violations can be criminal.
“We don’t want to be the bad guys out there writing tickets without giving fair warning,” Green said. “Folks need to understand. We are not enforcing Liberty County laws. These are Texas state laws.”
What is allowed under state law
According to the Texas Commission on Environmental Quality (TCEQ), outdoor burning is only allowed under specific circumstances. The most common is burning domestic waste on residential property that does not have access to a waste collection service. The property must be a private residence designed for no more than three families.
Items that may be burned include untreated wood, yard trimmings, paper, cardboard, and household garbage. Prohibited materials include construction debris, tires, appliances, plastic, treated wood, carpet, furniture, and electrical wire.
“If a resident has the availability of trash service, even if they’re not signed up for it, they cannot burn household waste. Period,” Green said.
Burning leaves and limbs is allowed only if the material was generated on the property where the burn takes place. However, because Liberty County is part of a multi-county nonattainment area surrounding Harris County, additional restrictions apply.
“Most people might say, ‘I’m just burning leaves and branches and twigs from my trees,’” Green said. “Okay, but the problem with that is being in a county that is part of a designated nonattainment area or that contains any part of a municipality that extends into it.”
He said land clearing may qualify for a limited exception, but it comes with a high standard of proof.
“You have to be able to prove to a reasonable and prudent person that no other practical alternative to burning exists, which would include hauling it off, mulching it, or composting it,” he said.
Construction debris and the five-acre rule
Illegal burning is also common on construction sites. Green said contractors and builders are required to haul off materials rather than burn them.
“Construction debris should never be burned. Period. End of story. There is no discussion,” Green said. “If you are doing a construction job, you’re going to have to haul off your debris.”
He added that Texas Local Government Code §352.082 makes it illegal to burn household refuse on lots located in neighborhoods or on tracts smaller than five acres. Combining smaller tracts does not satisfy the law.
“If you have a 20-acre property but it’s broken up into four-acre tracts, then that could be construed as not meeting the requirements of the law,” he said.
Legal burns must follow safety rules
Under TCEQ Rule 111.219, even legal burns must follow strict guidelines:
- Fires must start no earlier than one hour after sunrise and be extinguished at least one hour before sunset.
- Wind speeds must be between 6 and 23 miles per hour.
- A responsible adult must be present at all times.
- Burns must be at least 300 feet away from neighboring homes or structures unless written permission is granted.
- Smoke must not cross roadways or impact nearby properties.
Reckless burning can lead to criminal charges
Violations of outdoor burning laws may result in criminal penalties under the Texas Water Code.
Misdemeanor offenses are violations of Texas Administrative Code §111(b) and may result in fines ranging from $1,000 to $50,000 and up to six months in jail for individuals.
Felony charges apply to individuals when someone recklessly or knowingly emits contaminants or places others in danger. Penalties include fines up to $500,000 and up to five years of confinement.
Fines for businesses can reach $1,000,000, along with possible jail time.
Green cited a recent case where a woman was charged with arson after burning debris in her backyard. She left for work without fully extinguishing the fire. Winds carried embers into dry leaves, and the fire spread into a neighboring yard, destroying a workshop.
“The woman went to jail because she went off to work and left the ashes and embers unattended,” Green said. “The fire did $200,000 in damage and nobody had insurance for it. Even if it was unintentional, it was reckless and made it an arson. She’s bonded out of jail now and she has a court date, but she will have a felony on her record if she is found guilty.”
Recreational fires still have rules
Fires used for recreation, ceremony, cooking, or warmth are allowed under Rule 111.207—unless a burn ban or emergency declaration is in effect. However, they must still follow basic safety standards and avoid prohibited materials such as rubber, treated wood, plastic, chemicals, and heavy oils.
Green said residents using backyard fire pits must use models that contain embers.
“Sam’s Club, Costco, Walmart, and all the other big stores sell big metal fire pits that have domed lids on them that are designed to keep the embers in,” he said.
Contact the Fire Marshal’s Office
Anyone with questions about outdoor burning laws or the legality of a fire is encouraged to contact the Liberty County Fire Marshal’s Office at 936-253-8200. Residents living in a municipality should also check with their local government officials if they have questions or concerns about burning.
Next, will be policed butt wiping.
Sec 352.082
(c) A person commits an offense if the person intentionally or knowingly burns household refuse outdoors on a lot that is:
(1) located in a neighborhood; or
(2) smaller than five acres.
Who is going to enforce all these rules?
Someone is burning now in the neighborhood
So can I have a small fire if it is on burn pit