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.
Practical alternative.
An economically, technologically, ecologically, and logistically viable option.
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)
(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)