During extreme heat, outdoor activities can be limited.
Your county may ban bonfires, grilling or burning trash.
Are there rules about what you can do in your own yard? Is it legal to have a bonfire or even host a barbecue in your yard during extreme heat?
Here’s what Texas law says.
Is it legal to have a bonfire in your backyard in Texas?
Texas generally allows bonfires, but local restrictions can prohibit outdoor burning. Check your county’s burn-ban rules before lighting a fire. Under the Texas Local Government Code, counties may restrict or prohibit outdoor burning when certain conditions create a public safety hazard.
Is there a current burn ban in Texas?
In Travis County, a burn ban has been in effect since Aug. 11.
According to the Texas A&M Forest Service, county judges or commissioners’ courts issue burn bans based on local conditions, including weather, vegetation and wildfire risk. The Texas A&M Forest Service shares burn ban information as a public service to help prevent wildfires but does not issue or lift burn bans.
According to the Texas Department of Insurance, Texas limits outdoor burning to:
Campfires, bonfires, fire pits, and cooking fires.
Household trash fires on your property – only if you don’t have trash pickup.
TDI encourages people to check the Texas A&M Forest Service burn ban map to see which counties have current burn bans.
County judges or commissioners’ courts issue burn bans based on local conditions, including weather, vegetation and wildfire risk. The Texas A&M Forest Service shares burn ban information as a public service to help prevent wildfires but does not issue or lift burn bans. (Texas A&M Forest Service)
What should I do if a neighbor is burning during a burn ban?
If you think a neighbor is being irresponsible with outdoor burning, who you contact depends on whether the fire presents an immediate danger.
For an active fire that could spread or threaten people or property, call 911 or the local fire department. Travis County’s burn-ban enforcement procedures provide for the fire department with jurisdiction to respond to suspected prohibited burning and take steps to contain or extinguish the fire.
For a suspected violation that is not an emergency, residents can report it to the Travis County Fire Marshal’s Office through its online Report a Violation form or by calling 512-854-4621. The Fire Marshal’s Office says its inspectors investigate complaints of illegal burning.
What are outdoor cooking and barbecue rules during a burn ban?
During a Travis County burn ban, outdoor cooking and barbecuing are generally allowed only when the fire is contained in an enclosure designed to prevent flames or sparks from escaping.
According to the Travis County website, outdoor cooking on private property must be done in a covered grill or smoker designed to protect against the spread of fire. Make sure that all coals and ashes are extinguished before disposal.
Can you sue your neighbor for violating a burn ban?
Filing a complaint about a burn-ban violation is different from filing a civil lawsuit.
A property owner may be held liable when they fail to take reasonable precautions and that failure causes damage to someone else’s property.
For example, a claim could arise if a neighbor leaves a fire unattended, burns in dangerous conditions or otherwise fails to reasonably control a fire that spreads onto neighboring property.
According to The Carlson Law Firm, violations differ for civil and criminal cases. Violating a burn ban may also be important evidence, although a burn-ban violation does not automatically establish civil liability in every case.
Under Texas law, someone who violates county burn restrictions may face criminal penalties, including fines and other legal consequences depending on the circumstances involved.
This article originally published at Is it legal to have a backyard bonfire in Texas? What burn bans restrict.