Texas Burn Permit: Do You Need One and When
Texas has no state burn permit and no burning season: open burning is banned statewide all year with exceptions that let a rural property owner burn plant growth grown on the place, so before you light anything check the Texas A&M Forest Service burn ban map for your county and the wind.
Do you need a burn permit in Texas?
Not from the state
Texas requires no state permit to burn yard debris, and no part of the year is closed, so the answer is the daily check.
- Who issues it
- Texas Commission on Environmental Quality
- Issued by
- no state permit; TCEQ writes exceptions into the rule and a TCEQ regional office can authorize a burn that fits none of them
In general, TCEQ does not issue burning permits. However, for situations that do not fit the exceptions stated in the Rule where burning seems necessary, special authorizations to conduct burning can be requested from TCEQ.Outdoor Burning in Texas, RG-049 (Rev. 10/25), Texas Commission on Environmental Quality, read September 23, 2026. Read it at the source
Where you get one
- Written request to the appropriate TCEQ regional office
No permit is not the same as no rules. Texas still sets what may go on the pile, how far it has to be from a building, and the conditions it may be lit in, and a local ordinance can be stricter than the state on every one of those. All of it is below.
When you may burn in Texas
Statewide dates
The state closes no part of the year, so the answer is the daily check.
Texas sets no burning season; the Outdoor Burning Rule bans open burning statewide all year and then lets specific exceptions through, so what decides any given day is the weather limits in the rule and whether your county judge has a burn ban up.
- Who sets it
- Texas Commission on Environmental Quality
- Checked against
- Outdoor Burning in Texas, RG-049 (Rev. 10/25), Texas Commission on Environmental Quality
The Outdoor Burning Rule prohibits outdoor burning anywhere in Texas but allows exceptions for specific situations where burning is necessary or where it does not pose a threat to human health or the environment.Outdoor Burning in Texas, RG-049 (Rev. 10/25), Texas Commission on Environmental Quality, read September 23, 2026. Read it at the source
The hours are part of the rule and are the piece most often missed: Texas allows burning start no sooner than an hour after sunrise and be out the same day at least an hour before sunset.
What you may and may not burn in Texas
What the state names as burnable
- trees
- brush
- grass
- leaves
- branch trimmings
- other plant growth
- domestic waste (household trash or rubbish) where no collection service is provided
- crop residues
What it names as off the pile
- electrical insulation
- treated lumber
- plastic
- non-wooden construction or demolition materials
- heavy oils
- asphaltic materials
- potentially explosive materials
- chemical waste
- items that contain natural or synthetic rubber
- tires
- roofing shingles
- furniture
- carpet
- electrical wire
- appliances
Not burning any prohibited items, including, but not limited to, electrical insulation, treated lumber, plastic, non-wooden construction or demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical waste, and items that contain natural or synthetic rubber.Outdoor Burning in Texas, RG-049 (Rev. 10/25), Texas Commission on Environmental Quality, read September 23, 2026. Read it at the source
What Texas asks of the weather and the site
Setbacks, wind limits and what has to be on hand. Texas names a wind limit of 23 miles an hour, which is the kind of figure a permit is written against rather than a suggestion.
- wind at least 6 mph and no faster than 23 mph, and no temperature inversion
- keep the fire downwind of, or at least 300 feet from, any neighboring structure with people or livestock in it
- a responsible party stays with the fire while it is active and progressing
- post someone to flag traffic if smoke may blow across a road
- burn only outside a city or town's limits unless that city's ordinance allows it
Do not start burning unless weather conditions are such that the smoke will dissipate (winds of at least 6 miles per hour (mph) without temperature inversions) while still allowing the fire to be contained and controlled (winds no faster than 23 mph).Outdoor Burning in Texas, RG-049 (Rev. 10/25), Texas Commission on Environmental Quality, read September 23, 2026. Read it at the source
What to check before you light in Texas
A permit or a season says you may burn in general. What says you may burn today is separate, it changes daily on a wind and humidity forecast, and it overrides a permit already in hand. In Texas it is published here.
the statewide burn ban map, which shows the counties whose judge or commissioners court has outdoor burning restricted right now
When drought conditions exist, a burn ban can be put in place by a county judge or county commissioners court prohibiting or restricting outdoor burning for public safety.Texas A&M Forest Service, read September 23, 2026. Read it at the source
What your town can add in Texas
Cities and counties may be stricter than TCEQ, and a county judge's burn ban is the one that most often stops a burn in Texas.
Even if your burning is in compliance with TCEQ regulations, it still may not comply with other, stricter laws, regulations, and ordinances enforced by cities, counties, and other jurisdictions. You must comply with all such regulations (e.g., county burn bans) in addition to TCEQ rules.Outdoor Burning in Texas, RG-049 (Rev. 10/25), Texas Commission on Environmental Quality, read September 23, 2026. Read it at the source
Texas burn permit questions
Texas rules read September 23, 2026 from Outdoor Burning in Texas, RG-049 (Rev. 10/25), Texas Commission on Environmental Quality. Rules change, a county or town may be stricter than the state, and a burn ban issued today overrides a season that is otherwise open. Every state is on the burn permit hub.