Is There a Burn Ban in Henderson County, Texas?

There is no active burn ban in Henderson County, Texas as of the latest update from the county Fire Marshal’s page, which currently shows “Burn Ban – OFF.”¹ That status can change quickly. The Henderson County Commissioners Court can impose a ban whenever drought or other public safety hazards make outdoor burning dangerous, and those orders can take effect with little notice.² Verify the current status before you light anything.

How To Confirm the Status Today

The Henderson County website posts the current burn ban status directly on its Fire Marshal page.¹ You can also call the Fire Marshal’s Office to ask about daily burning conditions. The county posts updates on its social media accounts when conditions shift, and many local fire stations put signage at major intersections.

For a second look, the Texas A&M Forest Service maintains a statewide burn ban map showing which counties currently have active orders, available as an image, PDF, and data feed.³ Checking both the county page and the state map gives you the most reliable picture, since one source may update before the other.

One boundary worth knowing: a county burn ban only applies to unincorporated areas. Incorporated cities within Henderson County may have their own ordinances that restrict outdoor burning year-round. If you live inside city limits, check with your city rather than relying on the county’s status.

What a Burn Ban Prohibits

Specific restrictions depend on the language of each order, since the statute lets the commissioners court prohibit outdoor burning “in general or outdoor burning of a particular substance.”² In practice, Henderson County orders typically prohibit all open-air burning in unincorporated areas. That covers the kinds of burning rural residents rely on most: household trash, brush and fallen branches, leaf piles, and agricultural waste.

Recreational fires are covered too. Open fire pits, campfires, and bonfires are off-limits during an active ban. Burning in a barrel or screened container is generally prohibited because heat and embers can still ignite dry grass. Construction debris like treated lumber, roofing material, and scrap wood falls under the same restriction. If it involves an open flame outdoors, assume the ban covers it unless the order says otherwise.

Exceptions That May Still Be Allowed

A narrow set of activities remains legal during any ban, regardless of how the county’s order reads. The statute preserves activities related to public health and safety that are authorized by the Texas Commission on Environmental Quality, specifically firefighter training, public utility or natural gas pipeline operations, mining operations, and burning related to planting or harvesting agricultural crops.² Prescribed burns conducted by a certified and insured prescribed burn manager who meets the standards of the Texas Natural Resources Code are also exempt.

Beyond those statutory exceptions, Henderson County orders have historically allowed outdoor cooking on contained grills or smokers, and professional welding or grinding that follows safety precautions. These order-level exceptions are not guaranteed by the statute, so you have to read the specific order in effect. When cooking exceptions are included, they typically require a grill or smoker with a lid, a non-combustible surface away from vegetation, and someone actively watching the heat source. Welding and grinding exceptions commonly require clearing flammable material in a wide radius and keeping a fire extinguisher or pressurized water source nearby.

The statutory exceptions exist no matter what. The order-level exceptions exist only if the commissioners court included them. When in doubt, call the Fire Marshal’s Office before burning.

Penalties for Burning During a Ban

Knowingly or intentionally violating a burn ban order is a Class C misdemeanor under Texas law.² The maximum fine is $500.⁴ Law enforcement officers and the Fire Marshal can issue citations on the spot. A Class C misdemeanor carries no jail time, but it is still a criminal offense that goes on your record.

If the Fire Spreads

The $500 fine is the smallest problem if a fire you start actually gets away from you. Texas Penal Code Section 28.02 defines arson as intentionally starting a fire that destroys or damages vegetation, fences, or structures on open-space land, or that damages buildings and vehicles under certain circumstances.⁵ That offense is a second-degree felony, carrying 2 to 20 years in prison. If someone suffers bodily injury or death, or if the damaged property was a home or place of worship, the charge rises to a first-degree felony with a potential sentence of 5 to 99 years.

Even without the intent required for a full arson charge, a person who intentionally starts a fire and recklessly damages someone else’s building or causes bodily injury commits a state jail felony under Section 28.02(a-2), punishable by 180 days to 2 years in a state jail facility.⁵ This is the provision most likely to apply when someone lights a burn pile during a ban and the fire escapes. Starting the fire was intentional, even if the damage wasn’t.

Civil liability is separate. Under Texas common law negligence principles, a person whose fire spreads to a neighbor’s property can be sued for the full cost of the damage. Violating a burn ban while starting that fire makes the negligence argument straightforward for the injured party. Homeowner’s insurance may not cover damage caused through an illegal act, which means you could be paying out of pocket for a neighbor’s destroyed fence, outbuilding, or home.

1
Henderson County, Texas. Fire Marshal
2
State of Texas. Texas Local Government Code 352.081 – Regulation of Outdoor Burning
3
Texas A&M Forest Service. Burn Bans and Information
4
State of Texas. Texas Penal Code 12.23 – Class C Misdemeanor
5
State of Texas. Texas Penal Code 28.02 – Arson