A Cass County burn ban is in effect only when the Commissioners Court has adopted an order under Texas Local Government Code Section 352.081, and because those orders come and go with the weather, you need to confirm the current status before lighting anything outdoors. Each order lasts up to 90 days unless the court lifts it sooner or drought conditions end. The fastest way to check is to call the Commissioners Court or your precinct commissioner directly.
How to Check Whether a Ban Is Active Right Now
Start with the county. The Cass County website at co.cass.tx.us lists phone numbers for each precinct commissioner, and staff can tell you whether an order is currently in effect. The Texas A&M Forest Service also keeps a statewide burn ban map showing which counties have active restrictions on any given day.1Texas A&M Forest Service. Burn Bans and Information
Local fire departments sometimes post physical signs when a ban is active. When the Commissioners Court adopts or lifts an order, the action is filed with the Cass County Clerk for public record. If you have any doubt, call before you burn. A phone call costs nothing. A citation costs up to $500.
What You Cannot Burn During a Ban
When a burn ban is in effect, open-air burning is prohibited in the unincorporated areas of the county. That covers most of what rural residents do routinely:
- Burning household trash, brush, or construction debris in an open flame.
- Using a burn barrel. A contained barrel still does not qualify as an enclosed grill.
- Burning vegetation cleared from fence lines, pastures, or lots.
- Lighting wood-burning fire pits or campfires.
The rule reaches any uncontained flame exposed to the elements. Embers from a small brush pile can travel hundreds of feet in wind and ignite dry grass, which is how most burn ban violations become actual wildfires.
What You Can Still Do
A few activities remain legal during an active ban, each with conditions.
Outdoor Cooking
You can cook outdoors on an enclosed grill, gas or charcoal, that keeps embers from escaping. Propane fire pits and gas grills used for cooking are generally permitted. Wood-fired open pits are not enclosed and remain off limits.2State of Texas. Local Government Code 352 – Fire Protection
Welding and Other Hot Work
Commercial welding, cutting, and grinding can continue during a ban, but county orders typically require strict safety measures. Common conditions across Texas counties include a dedicated fire watch, a cleared perimeter of at least 25 feet, a pressurized water source or extinguisher on site, wind speeds below 15 mph, and a working phone or radio. Read the specific Cass County order in effect, because the exact conditions can change from one order to the next.
Prescribed Burns by Certified Managers
The statute exempts prescribed burns conducted by a certified and insured prescribed burn manager licensed under Section 153.048 of the Texas Natural Resources Code, provided the burn meets the standards in Section 153.047.2State of Texas. Local Government Code 352 – Fire Protection Some counties add their own requirements on top, such as a written burn plan or advance notice to the county. The Texas Department of Agriculture publishes guidance on how counties structure these conditions.3Texas Department of Agriculture. Burning During a Burn Ban
Other Narrow Exemptions
Outdoor burning tied to public health and safety is also exempt when authorized by the Texas Commission on Environmental Quality. That covers firefighter training, public utility and pipeline operations, mining, and burning connected to planting or harvesting agricultural crops.2State of Texas. Local Government Code 352 – Fire Protection
How Long a Ban Lasts and What Triggers One
Before the Commissioners Court can impose a ban, the Texas A&M Forest Service must confirm drought conditions exist in all or part of the county. Counties across Texas have generally used a Keetch-Byram Drought Index reading above 575 to 600 as the benchmark, with wind and humidity also factoring in. The court can also impose a ban without a drought finding when it determines that other conditions make open burning a public safety hazard.2State of Texas. Local Government Code 352 – Fire Protection
No order can last more than 90 days from the date it is adopted. The court can adopt a fresh order the moment the old one expires, effectively extending restrictions as long as conditions warrant. A ban also ends automatically once the Forest Service determines drought conditions have ended.
Penalties and Civil Exposure
Knowingly or intentionally violating a Cass County burn ban is a Class C misdemeanor. The maximum fine is $500 per offense, and each day of prohibited burning counts separately. Three days of burning can mean up to $1,500 in fines before anything else happens.2State of Texas. Local Government Code 352 – Fire Protection Some Texas county orders also allow community service of up to 100 hours alongside the fine. The statute separately gives any person the right to seek a court injunction to stop a violation or threatened violation, meaning a neighbor can go to court to shut down your fire before enforcement arrives.
The fine is the smallest part of the exposure. Texas applies ordinary negligence principles to fire damage, so anyone who starts a fire and fails to use reasonable care can be held liable for property damage, livestock losses, and injuries or deaths that follow. Igniting a fire while a ban is in effect makes a negligence claim much easier to prove, because you were already breaking the law. Suppression costs add another layer: when volunteer departments or the Forest Service respond to a wildfire caused by illegal burning, equipment, personnel, and aircraft bills can run into tens of thousands of dollars.
How to Report Illegal Burning
Response depends on urgency. A fire that is actively spreading or threatening structures is a 911 call. For a non-emergency report of someone burning in violation of an active ban, contact the Cass County government or your local fire department. Illegal outdoor burning can also be reported to the Texas Commission on Environmental Quality through its environmental violations hotline at (888) 777-3186. Give the location, what is being burned, and whether the fire appears contained, so responders can prioritize and send the right resources.