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 22-O-04.06-03, sec. 5.04.001,
adopted 4/6/2022)
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,
or 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 man-made 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 22-O-04.06-03, sec. 5.04.002,
adopted 4/6/2022)
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 22-O-04.06-03, sec. 5.04.003,
adopted 4/6/2022)
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. Adjacent owners to the location
of the outdoor burning training site must be notified in writing two
weeks prior to the date of the fire training.
(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
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. Domestic outdoor
fires do not require a burn permit.
(3) Land clearing.
Special permission may be obtained for the burning of vegetation in a land clearing operation. See section
6.04.005 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 state 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 state 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 and Williamson County ESD No. 4 if there
is no practical alternative and if the burning will not cause or contribute
to a nuisance or 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 burn may be revoked by the city manager, chief of police, Williamson
County ESD No. 4 fire marshal, or any of their designees 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 22-O-04.06-03, sec. 5.04.004,
adopted 4/6/2022; Ordinance adopting
2023 Code)
(a) Application
for a “permit to burn” shall be made to Williamson County
ESD No. 4 by the owner, operator, or other person in control of the
property upon which the burning is to occur. The 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) The
requestor must obtain final approval to burn from Williamson County
Communications immediately prior to the start of burning to ensure
that weather conditions will be conducive to this type of burning.
(d) The
permit is automatically voided if the city manager, chief of police,
Williamson County ESD No. 4 fire marshal, or any of their designees
considers the conditions unsafe.
(Ordinance 22-O-04.06-03, sec. 5.04.005,
adopted 4/6/2022; Ordinance adopting
2023 Code)
The fee for a permit shall be made to Williamson County ESD
No. 4.
(Ordinance 22-O-04.06-03, sec. 5.04.006,
adopted 4/6/2022)
(a) The
requester must contact the appropriate persons as determined by the
city manager prior to burning. The fire marshal, 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 or structure.
(c) 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.
(d) 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.
(e) Burning
shall not be conducted during periods of actual or predicted persistent
low-level atmospheric temperature inversions.
(f) Burning
may begin no earlier than one hour after sunrise and must end the
same day no later than one hour before sunset.
(g) 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.
(h) Any
residual fires and/or smoldering objects that continue to emit smoke
must be extinguished at the end of the burn.
(Ordinance 22-O-04.06-03, sec. 5.04.007,
adopted 4/6/2022)
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 22-O-04.06-03, sec. 5.04.008,
adopted 4/6/2022)
Any person violating any portion or provision of this article
shall be deemed guilty of a misdemeanor and, upon conviction therefor,
shall be punishable by a fine not to exceed $2,000.00. Each day a
violation occurs or continues shall be deemed a separate offense.
(Ordinance 22-O-04.06-03, sec. 5.04.009,
adopted 4/6/2022)