Officials lift ban on outdoor burning, caution that most burning is prohibited year round under state law.

By: Jimmy Williams/Montgomery County Fire Marshal's Office
| Published 09/24/2019


MONTGOMERY COUNTY, TX -- Torrential rainfall from last week’s tropical event has saturated the eastern half of Montgomery County, and has lessened the fire danger in areas west of I-45. This morning, the Montgomery County Commissioner’s Court voted to rescind the
burn ban recently enacted under section 352.081 of the Texas Local Government Code.

What does this mean for residents and businesses?

With the lifting of the ban, residents are reminded that under current state law, most burning is prohibited with very few exceptions.

Unincorporated Areas of the County:
Household refuse may not be burned at any time on less than 5 acres of land, or within 300 feet of a subdivision.

Limbs, leaves or other waste may not be transported to a residential property and burned, only limbs and leaves gathered on the residential property where the fire is ignited.
The burning must not cause a nuisance. (leaf burning often creates nuisance smoke and is not a recommended means of disposal)

Commercial Burning, including the surface burning of land clearing debris is generally prohibited under State Air Quality Regulations. For more information on regulations or permits contact the Texas Commission on Environmental Quality or check on their website at

Outdoor burning in cities is regulated by local municipal ordnances and state air quality regulations. Check with your local city hall or TCEQ before burning.

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