A burn ban in San Antonio can mean one of two different things depending on where your property sits. Inside city limits, San Antonio’s fire code requires a permit from the fire chief before you burn almost anything outdoors, and that rule applies every day of the year regardless of weather. In unincorporated Bexar County, the Commissioners Court can issue a temporary burn ban during drought that shuts down trash fires, brush burning, and most recreational fires. Breaking either rule is a Class C misdemeanor, and city violations carry fines up to $2,000.
How to Check Whether a Ban Is Active Today
Start with the Bexar County Fire Marshal’s website, which posts daily burning recommendations and any active restriction order.1Bexar County, TX – Official Website. Fire Marshal A recorded update is also available on the county weather line at 210-335-2258. Bexar County Emergency Services District 11 keeps a running list of Texas counties under restriction, updated as orders are adopted or expire.2Bexar County ESD 11. Burn Bans
A county order cannot last longer than 90 days, but the Commissioners Court can adopt a new order the moment the previous one expires. Back-to-back restrictions are common during prolonged dry stretches, so check the current status rather than assuming last month’s ban is still in force or has lifted.3Texas A&M Forest Service. Texas Local Government Code 352.081 – Regulation of Outdoor Burning
City Limits or Unincorporated County?
A county burn ban issued under Texas Local Government Code Section 352.081 applies only to unincorporated areas. If your address falls inside San Antonio’s municipal boundaries, the city fire code governs instead, and that code is in some ways stricter because it applies year-round rather than only during drought declarations.3Texas A&M Forest Service. Texas Local Government Code 352.081 – Regulation of Outdoor Burning
If you aren’t sure which side of the line you’re on, check your property tax records or the Bexar Appraisal District’s property search. Properties inside the city will list San Antonio as a taxing jurisdiction. The distinction matters because the prohibited activities, the enforcement agency, and the fine range all differ.
What a County Burn Ban Prohibits
When a Commissioners Court order is active in unincorporated Bexar County, you cannot burn trash, brush, leaves, tree trimmings, or other material outdoors. Recreational campfires are generally off-limits unless the specific order carves out an exception with containment requirements. Barrel burning, which some rural property owners rely on for waste disposal, is also prohibited. An order can cover all outdoor burning or target specific materials or specific parts of the county, so read the current order rather than assuming.3Texas A&M Forest Service. Texas Local Government Code 352.081 – Regulation of Outdoor Burning
Texas environmental rules add a baseline on top of any county order. TCEQ prohibits outdoor burning statewide unless it falls into a specific exception such as domestic waste disposal where no collection service exists, land-clearing debris on your own property, cooking and recreational fires, or firefighter training.4Texas Commission on Environmental Quality. Outdoor Burning in Texas A county burn ban can shut down activities that TCEQ otherwise allows, so having a TCEQ exception does not help you during an active drought order.
Burning Inside San Antonio City Limits
Within the city, you need a permit from the fire chief’s office before burning any trash, brush, tree limbs, leaves, or other combustible material outdoors. This applies even when no county drought ban is in effect. The permit application requires you to say what you plan to burn, where, and when, and to accept liability for any damage.5San Antonio. San Antonio Fire Code Amendments 2024 IFC
The fire chief inspects the site to decide whether the burn would create a hazard or violate air pollution standards. A passing inspection yields a permit specifying date, time, and conditions. Burning without that permit violates the fire code regardless of weather. The only exception is burning in an incinerator or container that the fire chief has approved in writing.5San Antonio. San Antonio Fire Code Amendments 2024 IFC
What’s Still Allowed During a Ban
Outdoor Cooking
Grilling and barbecuing for personal, noncommercial food preparation remain legal during a county burn ban. TCEQ rules exempt fires used for cooking, recreation, ceremony, and warmth from the general prohibition.4Texas Commission on Environmental Quality. Outdoor Burning in Texas County orders typically add safety conditions such as keeping cooking devices clear of dry vegetation, having a hose or extinguisher ready, and never leaving the fire unattended. Follow the specific language of the active order rather than relying on the TCEQ exception alone.
Agricultural Operations
Burning related to planting or harvesting crops is exempt when authorized by TCEQ, because certain agricultural practices depend on controlled fire and cannot always wait out a drought.3Texas A&M Forest Service. Texas Local Government Code 352.081 – Regulation of Outdoor Burning
Prescribed Burns
Certified and insured prescribed burn managers can conduct burns during an active ban if they meet the standards in the Texas Natural Resources Code. Certification through the Texas Department of Agriculture requires years of documented experience, approved training, and liability insurance of at least $1 million per occurrence with a $2 million aggregate.6Texas Department of Agriculture. Commercial Certified Prescribed Burn Manager This is a professional exemption, not something a landowner can claim casually.
Firefighter Training and Utility Work
Outdoor burning for firefighter training is permitted when authorized by TCEQ. The same exception covers burning related to public utility, natural gas pipeline, and mining operations.3Texas A&M Forest Service. Texas Local Government Code 352.081 – Regulation of Outdoor Burning
Welding and Hot Work
Section 352.081 does not specifically exempt welding, grinding, or other spark-producing work, which means the county order controls. Some orders permit hot work with strict conditions: clearing vegetation within a 25-foot radius, wetting the surrounding area, posting a dedicated fire watch, keeping at least 100 gallons of water on site, and monitoring the area for 30 minutes after work ends. If the current order doesn’t address hot work, treat it as restricted and call the Fire Marshal’s office before starting.
Fireworks During Drought
Fireworks restrictions come from a separate statute. Under Texas Local Government Code Section 352.051, the Commissioners Court can prohibit or restrict the sale and use of skyrockets with sticks and missiles with fins in unincorporated areas when drought conditions exist. These are the types most likely to travel and ignite dry vegetation. The court must adopt summer restrictions before June 15 and winter restrictions before December 15.
Violating a fireworks restriction order is a Class C misdemeanor with fines up to $500, the same as a burn ban violation. Standard safety rules apply year-round regardless of any drought order: no fireworks near schools, hospitals, churches, licensed childcare centers, or places where flammable liquids and compressed gases are stored. Public displays require a licensed pyrotechnic operator and approval from the local fire prevention officer.
Penalties if You Break the Rules
Unincorporated Bexar County
Violating a Commissioners Court burn ban is a Class C misdemeanor punishable by a fine up to $500 per incident.3Texas A&M Forest Service. Texas Local Government Code 352.081 – Regulation of Outdoor Burning The offense requires proof you knowingly or intentionally violated the prohibition, so an accidental violation is theoretically a defense, though ignorance is hard to argue when orders are publicly posted. Any person can also seek a court injunction to stop an ongoing violation or prevent a threatened one.
Inside San Antonio
City fire code violations are Class C misdemeanors with a wider fine range. A first conviction carries a fine between $100 and $2,000. Second offenses start at a $200 minimum, and a third or subsequent conviction starts at $300. The $2,000 maximum applies regardless of how many prior convictions you have.5San Antonio. San Antonio Fire Code Amendments 2024 IFC
When Charges Escalate
Those fines are the floor if your fire stays contained. If it doesn’t, recklessly starting a fire that damages another person’s property or vehicle can support arson charges, with fines up to $10,000 and potential jail time. If someone is injured or killed, the offense can be charged as a first-degree felony. These elevated charges can apply whether or not a burn ban was technically in effect.
Civil liability is separate. If your fire spreads to a neighbor’s property, you are responsible for the damage, and homeowners insurance may deny coverage for losses stemming from an illegal burn. That can leave you personally responsible for rebuilding costs, destroyed landscaping, damaged vehicles, and injuries.3Texas A&M Forest Service. Texas Local Government Code 352.081 – Regulation of Outdoor Burning
Reporting Illegal Burning
To report burning during an active county ban, call the Bexar County Fire Marshal’s office at 210-335-2011. For a fire that is actively spreading or threatening structures, call 911. Violations inside city limits can also be reported to the San Antonio Fire Department. Giving dispatchers the specific location, a description of what is burning, and whether anyone is attending the fire helps responders prioritize the call.