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    LegalEase Newsletter | FAQs by Subject

    News Article | May 01, 2021

    Fireworks/Burn Ban

    LegalEase
    Legal Guidance

    "Burn Ban" sign "Does the county judge, with the fire marshal's recommendation, have the authority to lift a burn ban order outside of a formal commissioners court meeting?"

    How would the county end a burn ban?

    Under Local Government Code §352.081(e), in a burn ban order, the commissioners court may authorize the county judge or the county fire marshal to determine whether drought conditions or hazardous circumstances no longer exist. The order would automatically expire as soon as such a determination is made. The court may also rescind its order adopting a burn ban at any time if drought conditions or hazardous circumstances no longer exist. For more information, see TAC's Short Answers to Common Questions: Burn Ban, Regulation of Fireworks, and Declaration of Local Disaster publication.