Burn Bans and Burning Brush in East Texas, County by County
If you are clearing land in East Texas, a burn ban can decide what happens to your brush. This guide covers how burn bans work in Smith, Henderson, Anderson, Van Zandt, Wood, Cherokee and Rusk counties, where to check whether one is in effect, what the state’s outdoor burning rules say about land-clearing debris, and what to do with brush while a ban is on. It does not report whether any county is under a ban today, because that changes with the weather. Check the official sources below the day you plan to burn.
How a county burn ban works
In Texas, a county can restrict outdoor burning under Texas Local Government Code 352.081. The commissioners court can act when drought conditions exist (the Texas A&M Forest Service determines that) or when conditions in the unincorporated area create a public safety hazard that burning would make worse. The county order covers the unincorporated parts of the county, and cities can have their own rules. Orders run for a limited time and are lifted when the conditions improve, so the same county can be under a ban in August and open again in October.
Where to check your county’s status
The quickest way to see all seven counties at once is the Texas A&M Forest Service burn ban map, which lists the Texas counties that have a ban in place. The order itself is posted by each county, usually through the county judge’s office or fire marshal. Smith County posts notices on its News Flash page. For Henderson, Anderson, Van Zandt, Wood, Cherokee and Rusk counties, look on the county website or call the county judge’s office, and use the Forest Service map to confirm. A third-party site is not the order; the county court and the Forest Service are the official sources.
What the state rules say about burning land-clearing debris
Even with no burn ban, burning is not a free-for-all. Texas Commission on Environmental Quality (TCEQ) rules in 30 TAC 111.209 allow on-site burning of plant material from land clearing only under exceptions, and 30 TAC 111.219 adds the conditions. According to the TCEQ guide “Outdoor Burning in Texas”, you may start burning only when winds are at least 6 mph without a temperature inversion and no faster than 23 mph, smoke must not drift across a road or onto a neighbor’s structure with people or livestock, and some burns must be downwind of, or at least 300 feet from, a neighbor’s structure unless the neighbor agrees in writing. Local rules can be stricter, and burning inside a city can be banned outright. Read the guide or call TCEQ before you light anything; this page is not legal advice.
What to do with brush during a burn ban
There are three ordinary choices when the pile cannot be burned. You can mulch it in place, which grinds brush and small trees into ground cover on the spot. You can haul it off, which costs trucks and dump fees and is the usual choice when a builder needs bare ground. Or you can stack it and wait, which only makes sense if the ban is likely to lift soon and the pile is away from buildings, since a pile of dry brush is a fire hazard of its own.
Clearing during a burn ban
A burn ban does not have to stop a clearing job. Forestry mulching leaves no brush piles to burn, so the work can go on while the ban is in force. Where the job needs stumps pulled or a pad cut, land clearing with a dozer comes with a haul-off plan instead of a burn plan. FireSkid Services works across all seven counties from Tyler and Athens, and the estimate should say up front which method each part of your property gets.
Burn ban questions
Where do I find out if my county has a burn ban?
Start with the Texas A&M Forest Service burn ban map, which shows which Texas counties are under a ban. The order itself comes from the county judge or commissioners court, so for the exact wording call the county judge’s office or fire marshal.
Can I burn brush from clearing my land during a burn ban?
No. A county burn ban prohibits outdoor burning in the unincorporated parts of the county while it is in effect. The brush has to be hauled off, ground into mulch in place, or left until the ban ends.
Does a burn ban stop forestry mulching?
A burn ban is about open fire, not machines. Mulching grinds brush in place and leaves no pile to burn, so it is one way to keep clearing during a ban. Equipment working in dry brush can still throw sparks, so on a high fire danger day the crew should keep an eye on conditions.
Ready to clear? Call FireSkid Services at 903.530.5225 for a free estimate.