The city hereby adopts the outdoor burning rules as outlined
in title 30 of the Texas Administrative Code, sections 111.201–111.211,
except as amended below. If a conflict occurs between title 30 of
the Texas Administrative Code, sections 111.201–111.221 and
this article, the stricter of the two codes shall prevail.
(Ordinance 2018-07-24-02 adopted 7/24/18)
The terms used in this article shall have the meanings commonly
ascribed to them in the field of air pollution control. When used
in this article, the following terms shall have the following meanings
unless the context clearly indicates otherwise.
Extinguished.
The absence of any visible flames, glowing coals, or smoke.
Land clearing operation.
The uprooting, cutting, or clearing of vegetation in connection
with conversion for the construction of buildings, rights-of-way,
residential, commercial, or industrial development, or the clearing
of vegetation to enhance property value, access, or production. It
does not include the maintenance burning of on-site property wastes
such as fallen limbs, branches, or leaves, or other wastes from routine
property clean-up activities, nor does it include burning following
clearing for ecological restoration.
Structure containing sensitive receptor(s).
A manmade structure utilized for human residence or business,
the containment of livestock, or the housing of sensitive live vegetation.
The term “manmade structure” does not include such things
as range fences, roads, bridges, hunting blinds, or facilities used
solely for the storage of hay or other livestock feeds. The term “sensitive
live vegetation” is defined as vegetation that has potential
to be damaged by smoke and heat, examples of which include, but are
not limited to, nursery production, mushroom cultivation, pharmaceutical
plant production, or laboratory experiments involving plants.
Sunrise/sunset.
The official sunrise/sunset as set forth in the United States
Naval Observatory tables available from National Weather Service offices.
(Ordinance 2018-07-24-02 adopted 7/24/18)
No person may cause, suffer, allow, or permit any outdoor burning
within the city limits, except as provided by this article. The burning
of household trash, garbage of any form, or municipal solid waste
is prohibited within the city limits. It shall also be unlawful for
any person to light or have lighted any fire in any street, alley,
thoroughfare or public property. Outdoor disposal or disposition of
any material capable of igniting spontaneously, with the exception
of the storage of fossil fuels, shall not be allowed. No furniture,
construction/demolition materials, heavy oils, asphaltic materials,
potentially explosive materials, chemical wastes, and items containing
natural or synthetic rubber shall be burned.
(Ordinance 2018-07-24-02 adopted 7/24/18)
Regardless of the exceptions in title 30 of the Texas Administrative
Code, sections 111.201– 111.211, only fires, under the conditions
described below, will be permitted within the corporate limits of
the city:
(1) Fire training.
Outdoor burning shall be authorized for
training of firefighting personnel when requested in writing and authorized
either verbally or in writing by the city manager. The burning shall
be authorized if notice of denial is not received within 10 working
days after the date of postmark or date personal delivery of the request.
(2) Domestic outdoor fires.
Outdoor burning shall be authorized
for fires used solely for recreational or ceremonial purposes, or
in the noncommercial preparation of food, or used for the purpose
of supplying warmth during cold weather. Fires for cooking or warmth
or general recreation or ceremony shall be a minimum of 25 feet from
a structure or combustible material and be 3 feet or less in diameter
and 2 feet or less in height, shall be limited to fires in a fireproof
container, such as a bar-b-que pit or chimenea, made of brick, stone,
metal, or other fireproof material in such a manner to prevent said
fire from escaping. Fireproof containers must be 15 feet from a structure
or combustible material. Domestic outdoor fires do not require burn
permit.
(3) Land clearing.
Special permission may be obtained for the burning of vegetation in a land clearing operation. See section
6.03.005 below for obtaining permission to burn.
(4) Disposal fires.
Except as provided in Local Government
Code, section 352.082, outdoor burning is authorized for the following:
(A) Diseased animal carcass burning when burning is the most effective
means of controlling the spread of disease;
(B) Veterinarians in accordance with Texas Occupations Code, section
801.361, disposal of animal remains;
(C) Brush, trees, and other plant growth causing a detrimental public
health and safety condition burned by a county or municipal government
at a site it owns upon receiving site and burn approval from the executive
director of the Texas Commission on Environmental Quality. Such a
burn can only be authorized when there is no practical alternative,
and it may be done no more frequently than once every two months.
Such burns cannot be conducted at municipal solid waste landfills
unless authorized by regulations of the Texas Commission on Environmental
Quality.
(5) Otherwise prohibited outdoor burning.
If not otherwise
authorized by this article, outdoor burning may be authorized by written
permission from the city council if there is no practical alternative
and if the burning will not cause or contribute to a nuisance, traffic
hazard or to a violation of any federal or state primary or secondary
ambient air standard. The city council may specify procedures or methods
to control or abate emissions from outdoor burning authorized pursuant
to this article. Authorization to bum may be revoked by the city manager
or chief of police at any time if the burning causes nuisance conditions,
is not conducted in accordance with the specified conditions, violates
any provision of an applicable permit, or causes a violation of any
air quality standard.
(Ordinance 2018-07-24-02 adopted 7/24/18)
(a) Application
for a “permit to burn” shall be made to the city manager
or designee by phone or in writing by the owner, operator, or other
person in control of the property upon which the burning is to occur.
Materials allowed to be permitted for outdoor burning of vegetation
that is produced on the property where the burn is being requested
and be no less than 50 feet from a structure or combustible material
burned. Application shall indicate the permitted address, applicant’s
name address and telephone number and valid driver’s license
or identification number.
(b) The
permit is effective for thirty (30) days from the date of issuance.
(c) Requestor
must obtain final approval to burn from the city manager or designee
immediately prior to the start of burning to ensure that weather conditions
will be conducive to this type of burning.
(d) Permit
is automatically voided if the fire marshal or fire chief considers
the conditions unsafe.
(Ordinance 2018-07-24-02 adopted 7/24/18)
Neither the city or Williamson County ESD 5 shall not collect
a fee for a permit issued pursuant to this article but may collect
a fee charged by the city’s fire department for inspection services.
(Ordinance 2018-07-24-02 adopted 7/24/18)
(a) Requester
must contact the appropriate persons as determined by the city manager
prior to burning. The fire chief, or his designee, shall inspect the
burn site and materials to ensure that no prohibited materials are
included and that general requirements are being followed.
(b) Burning
is permitted only when the wind direction and other meteorological
conditions are such that the smoke and other pollutants will not present
a hazard to any public road or have an effect on any building structure.
(c) If
at any time the burning causes or may tend to cause smoke to blow
onto or across a street, roadway, or highway, it is the responsibility
of the person initiating the burn to post flag persons on the affected
roads.
(d) Fires
must be kept downwind of, or at least 300 feet away from any structure
containing sensitive receptors located on adjacent properties unless
prior written approval is obtained from the adjacent occupant with
possessory control.
(e) Burning
shall not commence when the surface wind speed is predicted to be
less than six miles per hour (6 mph or 5 knots) or greater than twenty-three
miles per hour (23 mph or 20 knots) during the burn period.
(f) Burning
shall not be conducted during periods of actual or predicted persistent
low-level atmospheric temperature inversions.
(g) Burning
may begin no earlier than one hour after sunrise and must end the
same day no later than one hour before sunset.
(h) A
responsible party must be present while the burn is active. Such persons
shall have a water hose connected to a reliable water supply or have
other fire-extinguishing equipment readily available for use.
(i) Any
residual fires and/or smoldering objects that continue to emit smoke
must be extinguished at the end of the burn.
(Ordinance 2018-07-24-02 adopted 7/24/18)
The authority to conduct outdoor burning under this article
does not exempt or excuse the requestor from complying with all other
applicable laws or ordinances, regulations, and orders of any governmental
entity having jurisdiction, even though the burning is otherwise conducted
in compliance with this article.
(Ordinance 2018-07-24-02 adopted 7/24/18)
Any person violating any portion or provision of this article
may be deemed guilty of a misdemeanor and, upon conviction therefor,
may be punishable by a fine not to exceed $2,000.00. Each day a violation
occurs or continues may be deemed a separate offense.
(Ordinance 2018-07-24-02 adopted 7/24/18)