City of Wichita Falls, TX: Burning prohibited unless pursuant to permit issued by fire chief.

§ 50-110 Burning prohibited unless pursuant to permit issued by fire chief.

It shall be unlawful for any person to burn municipal solid waste or yard waste within the city limits.

The fire chief may issue, to a property owner, a permit to burn trees and brush as part of a project of an approved community wildfire protection plan or other fire mitigation projects approved by the fire chief. Additionally, such a permit may be issued to the owner of a property exceeding 50 acres within the city or property located in the floodway (as depicted on the flood insurance rate map issued by the Federal Emergency Management Agency). All such permits must be conditioned on compliance with the requirements of the fire chief that are shown on the face of said permit and the following provisions:

(1)

Any open burning shall occur at least 500 feet from any residence;

(2)

Any open burning shall occur only on the day and time and exact locations shown on the face of the permit;

(3)

All open burning shall be closely supervised on the site of the burning by personnel equipped to promptly extinguish all fires started pursuant to the permit;

(4)

All open burning shall be conducted in compliance with all state requirements concerning air pollution, including, but not limited to, title 30, Environmental Quality, TAC section 111.219(3), (4), (6), and (7) (30 TAC sec. 111.219(3), (4), (6), (7)); and

(5)

Open burning material shall consist only of trees, brush, grass, leaves, branch trimmings; and other plant growth generated from the property upon which the burning is occurring.

(c)

The fire chief may refuse to issue a permit to burn trees and brush if the fire chief determines that open burning pursuant to said permit will pose an unreasonable risk of conflagration, danger to neighboring property, air pollution, or other danger to health or safety.

(d)

It shall be a defense to prosecution for a violation of this section and the open burning provisions of the fire code adopted by this code, including section 307 of the fire code, that a person was burning in compliance with all conditions of a permit to burn trees and brush issued pursuant to this section.

(e)

This section and the remainder of this code is found to be consistent with the Texas Clean Air Act (see Texas Health and Safety Code ch. 382, subch. E, Authority of Local Governments) and title 30, Environmental Quality, TAC section 111.219(3), (4), (6) and (7) (30 TAC sec. 111.219(3), (4), (6), (7)).

(1966 Code, secs. 17-18, 27-1; 2001 Code, sec. 90-35; Ordinance 69-2011, sec. 1, adopted 12/6/11; Ordinance 42-2017, sec. 1, adopted 10/17/17; Ordinance 13-2022 adopted 5/3/22; Ordinance 15-2025 adopted 3/18/2025)