News Article | April 21, 2025
Fireworks/Burn Ban
LegalEase
Legal Guidance
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“We need to establish a burn ban ASAP. What are our options?” |
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When can the commissioners court order a burn ban?
Local Government Code §352.081 authorizes two alternative methods to determine when circumstances warrant adoption of a burn ban by the commissioners court. Either:
- the commissioners court can request the Texas A&M Forest Service determine that drought conditions exist in all or part of the county; or
- the commissioners court can determine that circumstances present in all or part of the unincorporated areas of the county create a public safety hazard that would be exacerbated by outdoor burning.
For more information, see our publication Burn Ban, Regulation of Fireworks, and Declaration of Local Disaster.