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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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Can a property owner in a rural area be denied the right for

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Can a property owner in a rural area be denied the right for a controlled burn on their property when no burn ban is in effect?
Welcome and thank you for your question!

It would be helpful to know, have you applied for a burn permit from the TEXAS COMMISSION ON ENVIRONMENTAL QUALITY for your controlled burn?
Customer: replied 3 years ago.

No, I have never needed one until last night.

Thank you. The answer to your question is that under the Texas Administrative Code, "No person may cause, suffer, allow, or permit any outdoor burning within the State of Texas, except as provided by this subchapter or by orders or permits of the commission. Outdoor disposal or deposition of any material capable of igniting spontaneously, with the exception of the storage of solid fossil fuels, shall not be allowed without written permission of the executive director. "

The relevant regulations are found here:$ext.ViewTAC?tac_view=5&ti=30&pt=1&ch=111&sch=B&rl=Y

In other words, even when there is no declared ban, a person still needs a burn permit from the state.

For future reference, you may also find this link of burn regulations in Texas (from the Dept. of Ag) to be informative

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
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