Hood County Fire Marshal Office Burn Notification Form

Outdoor burning in Texas is illegal unless certain requirements are followed when burning. 

• ONLY dry plant growth generated on the burn site can be burned.

• You cannot burn within 300 feet of a residential, recreational, commercial or industrial area that is not located on the property where the burning is occurring.

• The following prohibited materials cannot be burned:
• Electrical Insulation;
• Treated lumber;
• Plastics;
• Non-wood construction/ demolition materials;
• Petroleum products;
• Asphaltic materials;
• Potentially explosive materials
• Chemical wastes
• Items containing natural or synthetic rubber
• Household trash/ garbage/ refuse

• Burning must be done no earlier than one hour after sunrise or later than one hour before sunset

• Burning can only be done at a time when the wind speed is greater than six mph and less than 26 mph

Effective September 1, 2009, the penalties in accordance Section 7.177 Water Code are:

A person who violates a rule adopted under Section 382.018, Health and Safety Code, commits an offense that is a Class C misdemeanor, except that:

1. the offense is a Class B misdemeanor if:
   1. the violation is a second or subsequent violation of a rule adopted under Section 382.018; or
   2. except as provided by Subdivision (2), the violation involves the burning of a substance specifically prohibited by a rule adopted under Section 382.018; and
2. the offense is a Class A misdemeanor if the violation involves the burning of a tire or of insulation on copper wire.

Class A Misdemeanor.  An individual adjudged guilty of a Class A misdemeanor shall be punished by:

1. a fine not to exceed $4,000;
2. confinement in jail for a term not to exceed one year; or
3. both such fine and confinement.

Class B Misdemeanor.  An individual adjudged guilty of a Class B misdemeanor shall be punished by:

1. a fine not to exceed $2,000;
2. confinement in jail for a term not to exceed 180 days; or
3. both such fine and confinement.

Class C Misdemeanor.  An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

Additionally, any damage resulting from a burn may result in civil penalties as well as criminal charges under Texas Penal Codes:

• Sec. 28.04.  Reckless Damage or Destruction. Class C Misdemeanor.
• Sec. 28.03.  Criminal Mischief.  Class C Misdemeanor up to a Felony of the First Degree if the amount of pecuniary loss is $200,000 or more.
• Sec. 28.02.  Arson. State Jail Felony up to First Degree Felony
  

Recommendations for conducting a safe controlled burn.

• Ample water supply to control or extinguish the fire or heavy equipment that may be used to control or extinguish the fire
• Control burns should have 50-foot area mowed around it
• Clear of any overhead obstructions or trees
• Do not use gasoline to start the fire
• Minimum of 50 feet from any structure
• Potential runoff may not flow into any public waterway.
• Fire must not be left unattended and person conducting the burn must have a reliable means of contacting 911.
• Wind speed between 6 to 12 MPH
• Humidity level at 25% or greater
• Fire Marshal deputies offer inspection of burn sites if requested

By completing and submitting the following form, you are assuming all liability for the burn and any consequences of the burn. Please keep your verification number available for review by any responding agency. This notification applies to the unincorporated areas of Hood County ONLY. If you are conducting a burn within any corporate city limits, please contact that city.