:: Hays County Rules For Outdoor Burning::
| Burn Ban is ON for Hays County as of 6/23/2009. |
| HAYS COUNTY FIRE MARSHAL’S OFFICE 1307 Uhland Rd San Marcos, Texas 78666 Ph: 512-393-7339 Fax: 512-393-7341 |
Wimberley Fire & Rescue
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Burn Ban Status:
To verify the status of
the burn ban, call (512)
847-3536 option 5 or
visit the Hays County
web site:
www.co.hays.tx.us
To verify the status of
the burn ban, call (512)
847-3536 option 5 or
visit the Hays County
web site:
www.co.hays.tx.us
Mark Chambers Fire Marshal
Darle McClintock Asst. Fire Marshal
Darle McClintock Asst. Fire Marshal
General Requirements for Allowable Outdoor Burning
Adopted by Texas Commission on Environmental Quality
Title 30 Texas Administrative Code #111.219
Outdoor burning which is otherwise authorized shall also be
subject to the following requirements when specified in any
section of this subchapter.
1)Prior to prescribed or controlled burning for forest management
purposes, the Texas Forest service shall be notified.
2)Burning must be outside the corporate limits of a city or town
except where the incorporated city or town has enacted
ordinances which permit burning consistent with the Texas Clean
Air Act, Subchapter E, Authority of Local Governments.
3)Burning shall be commenced and conducted only when wind
direction and other meteorological conditions are such that
smoke and other pollutants will not cause adverse effects to any
public road, landing strip, navigable water, or off-site structure
containing sensitive receptor (s).
4)If at any time the burning causes or may tend to cause smoke to
blow onto or across a road or highway, it is the responsibility of
the person initiating the burn to post flag-persons on affected
roads.
5)Burning must be conducted downwind of or at least 300 feet (90
meters) from any structure containing sensitive receptors located
on adjacent properties unless prior written approval is obtained
from the adjacent occupant with possessory control.
6)Burning shall be conducted in compliance with the following
meteorological and liming considerations:
a.The initiation of burning shall commence no earlier than one
hour after sunrise. Burning shall be completed on the same day
not later than one hour before sunset, and shall be attended by a
responsible party at all times during the active burn phase when
fire is progressing. In cases where residual fires and/or
smoldering objects continue to emit smoke after this time, such
areas shall be extinguished if the smoke from these areas has the
potential to create a nuisance or traffic hazard condition. In no
case shall the extent of the burn area be allowed to increase after
this time.
b.Burning shall not be commenced when surface wind speed is
predicted to be less than six miles per hour (mph) (five
knots) or greater than 23 mph (20 knots) during the burn
period.
c.Burning shall not be conducted during periods of actual or
predicted persistent low level atmospheric temperature inversions.
7)Electrical insulation, treated lumber, plastics, non-wood
construction/demolition materials, heavy oils, asphalt materials,
potentially explosive materials, chemical wastes, and items
containing natural or synthetic rubber must not be burned.
Title 30 TAC #111.203 Definitions.
Structure containing sensitive receptor(s) – A man-made
structure utilized for human residence or business, the
containment of livestock, or the housing of sensitive live
vegetation. The term “man-made structure” does not include such
things as range fences, roads, bridges, hunting blinds or facilities
used solely for the storage of hay or other livestock feeds. The
term “sensitive live vegetation” is defined as vegetation which has
potential to be damaged by smoke cultivation, pharmaceutical
plant production, or laboratory experiments involving plants.
ENFORCEMENT
[THE RULES ABOVE WERE ADOPTED BY TCEQ UNDER
THE TEXAS CLEAN AIR ACT, CHAPTER 382 OF THE
HEALTH AND SAFETY CODE. A VIOLATION OF THESE
RULES IS STATED TO BE AN OFFENSE UNDER SEC. 7.177
OF THE WATER CODE, WITH THE RANGE OF
PUNISHMENT SET OUT IN SECTION 7.187 (1b, 2c OR
BOTH) OF THE WATER CODE.}
[CITE as a violation of Section 7.177, Water Code]
A person commits an offense if the person intentionally or
knowingly, with respect to the person’s conduct, violates the
General Requirements for Allowable Outdoor burning or any other
rule promulgated by the Texas Commission on Environmental
Quality regarding outdoor burning. An offense is punishable
for an individual by a fine of not less than $1,000 or more
than $50,000, confinement in the county jail for a period not
to exceed 180 days, or both. An offense is punishable for a
person other than an individual by fine of not less than
$1,000 or more than $100,000.
A person may be responsible for the criminal conduct of another
under the provision of Section 7.02, Texas Penal code, as for
example where he/she solicits, encourages, directs, aids or
attempts to aid the other person to commit the offense.
Adopted by Texas Commission on Environmental Quality
Title 30 Texas Administrative Code #111.219
Outdoor burning which is otherwise authorized shall also be
subject to the following requirements when specified in any
section of this subchapter.
1)Prior to prescribed or controlled burning for forest management
purposes, the Texas Forest service shall be notified.
2)Burning must be outside the corporate limits of a city or town
except where the incorporated city or town has enacted
ordinances which permit burning consistent with the Texas Clean
Air Act, Subchapter E, Authority of Local Governments.
3)Burning shall be commenced and conducted only when wind
direction and other meteorological conditions are such that
smoke and other pollutants will not cause adverse effects to any
public road, landing strip, navigable water, or off-site structure
containing sensitive receptor (s).
4)If at any time the burning causes or may tend to cause smoke to
blow onto or across a road or highway, it is the responsibility of
the person initiating the burn to post flag-persons on affected
roads.
5)Burning must be conducted downwind of or at least 300 feet (90
meters) from any structure containing sensitive receptors located
on adjacent properties unless prior written approval is obtained
from the adjacent occupant with possessory control.
6)Burning shall be conducted in compliance with the following
meteorological and liming considerations:
a.The initiation of burning shall commence no earlier than one
hour after sunrise. Burning shall be completed on the same day
not later than one hour before sunset, and shall be attended by a
responsible party at all times during the active burn phase when
fire is progressing. In cases where residual fires and/or
smoldering objects continue to emit smoke after this time, such
areas shall be extinguished if the smoke from these areas has the
potential to create a nuisance or traffic hazard condition. In no
case shall the extent of the burn area be allowed to increase after
this time.
b.Burning shall not be commenced when surface wind speed is
predicted to be less than six miles per hour (mph) (five
knots) or greater than 23 mph (20 knots) during the burn
period.
c.Burning shall not be conducted during periods of actual or
predicted persistent low level atmospheric temperature inversions.
7)Electrical insulation, treated lumber, plastics, non-wood
construction/demolition materials, heavy oils, asphalt materials,
potentially explosive materials, chemical wastes, and items
containing natural or synthetic rubber must not be burned.
Title 30 TAC #111.203 Definitions.
Structure containing sensitive receptor(s) – A man-made
structure utilized for human residence or business, the
containment of livestock, or the housing of sensitive live
vegetation. The term “man-made structure” does not include such
things as range fences, roads, bridges, hunting blinds or facilities
used solely for the storage of hay or other livestock feeds. The
term “sensitive live vegetation” is defined as vegetation which has
potential to be damaged by smoke cultivation, pharmaceutical
plant production, or laboratory experiments involving plants.
ENFORCEMENT
[THE RULES ABOVE WERE ADOPTED BY TCEQ UNDER
THE TEXAS CLEAN AIR ACT, CHAPTER 382 OF THE
HEALTH AND SAFETY CODE. A VIOLATION OF THESE
RULES IS STATED TO BE AN OFFENSE UNDER SEC. 7.177
OF THE WATER CODE, WITH THE RANGE OF
PUNISHMENT SET OUT IN SECTION 7.187 (1b, 2c OR
BOTH) OF THE WATER CODE.}
[CITE as a violation of Section 7.177, Water Code]
A person commits an offense if the person intentionally or
knowingly, with respect to the person’s conduct, violates the
General Requirements for Allowable Outdoor burning or any other
rule promulgated by the Texas Commission on Environmental
Quality regarding outdoor burning. An offense is punishable
for an individual by a fine of not less than $1,000 or more
than $50,000, confinement in the county jail for a period not
to exceed 180 days, or both. An offense is punishable for a
person other than an individual by fine of not less than
$1,000 or more than $100,000.
A person may be responsible for the criminal conduct of another
under the provision of Section 7.02, Texas Penal code, as for
example where he/she solicits, encourages, directs, aids or
attempts to aid the other person to commit the offense.
| Hays County Burn Ban Status |
| ON |