Burn Bans

Texas has no statewide burn ban; outdoor burning bans are declared county-by-county by each commissioners' court, and the statute reaches only the county's unincorporated area. On the Texas A&M Forest Service's official county burn-ban layer, queried September 30, 2026 (its most recent ban start date is September 30, 2026), 215 of Texas's 254 counties have an active burn ban (85 percent of the state), including Harris (Houston), Bexar (San Antonio), Brazoria, Dallas, Tarrant, Collin, Denton, Travis, Williamson, Bell, McLennan, Fort Bend, Galveston, Nueces, Hidalgo, Webb, El Paso, Potter, Randall, Smith, Hays and Comal. Since the September 29, 2026 reading, Newton has been ADDED to the ban list (ban starting September 30, 2026), and Deaf Smith and Hemphill have come OFF it. Only these 39 counties are NOT on the list: Angelina, Borden, Cameron, Camp, Concho, Crockett, Dallam, Dawson, Deaf Smith, Ector, Gaines, Hardin, Hartley, Haskell, Hemphill, Hockley, Hutchinson, Jasper, Jefferson, Kenedy, Leon, Liberty, Live Oak, Loving, Lubbock, Maverick, McMullen, Mitchell, Montgomery, Nolan, Orange, Pecos, Polk, San Jacinto, San Patricio, Sterling, Stonewall, Tyler and Val Verde. A commissioners' court may adopt a ban when drought conditions exist or it finds a public-safety hazard; an order may not run beyond 90 days from adoption but may be renewed. Where a county ban is in effect most outdoor burning is illegal - a Class C misdemeanor under Local Government Code 352.081, fine up to $500 - and fireworks use is commonly restricted too. Exempt are TCEQ-authorised burns for firefighter training, public utility, natural gas pipeline or mining operations, planting or harvesting of agricultural crops, and burns conducted by a certified and insured prescribed burn manager. Bans change daily - check the Texas A&M Forest Service county burn-ban map for your county before burning.