Is There a Burn Ban in Montgomery County, Texas?

Whether there is a burn ban in Montgomery County, Texas right now depends on the current order from the Commissioners Court, but the baseline rule is stricter than most people realize: the county prohibits outdoor burning at all times unless the activity fits a narrow exception under state law.¹ A formal burn ban layers additional restrictions and criminal penalties on top of that standing prohibition under Texas Local Government Code Section 352.081.²

How to Check the Current Status

Two sources will tell you whether a formal ban is in effect today. The Montgomery County Fire Marshal’s Office posts current burning restrictions on its website and answers calls at 936-538-8288.³ If a ban is active, there will be a signed proclamation from the Commissioners Court or County Judge with the dates and scope spelled out.

The Texas A&M Forest Service also maintains a statewide map showing which counties are under active bans, updated regularly.⁴ Checking both is safest: the county has the actual order language, and the map gives quick visual confirmation.

What the Year-Round Prohibition Already Covers

Even in months when no formal ban is in place, you cannot simply burn what you want on your property in Montgomery County. The county’s standing prohibition applies year-round, and the only legal outdoor burns are those that fall within specific state-law exceptions.¹

Separately, Texas environmental rules permanently prohibit burning certain materials no matter where you live or what the drought situation looks like. You may never burn electrical insulation, treated lumber, plastics, rubber, roofing materials, chemical wastes, or demolition debris.⁵ That rule stands on its own, and burning those materials is a violation separate from any county burn ban.

Any burn that does qualify under a state exception still has to follow TCEQ conditions: it must occur between one hour after sunrise and one hour before sunset, wind speeds must stay between 6 mph and 23 mph, a responsible person must be present throughout, and the fire must be at least 300 feet from any occupied neighboring structure unless the occupant has given written approval. If smoke crosses a road, you are responsible for posting flag-persons.⁵

What Changes When the Commissioners Court Issues a Ban

A formal burn ban tightens the rules further. The Commissioners Court can impose one when the Texas A&M Forest Service confirms drought conditions, or whenever the court determines that local conditions create a public safety hazard outdoor burning would worsen.² The order can prohibit outdoor burning broadly or single out specific activities. In practice, formal bans sweep in the burns that cause the most problems: household trash, yard waste, brush piles, and burn barrels.

An order cannot last more than 90 days from the date it was adopted, though the court can immediately adopt a new order the moment the prior one expires. That is why back-to-back bans are common during extended droughts. A ban also ends early if the Forest Service determines drought conditions have lifted, or if the court (or a designated county judge or fire marshal) finds the hazard has passed.²

Exceptions That Survive a Ban

A handful of activities remain legal even while a formal ban is in effect.

Certified Prescribed Burn Managers

A certified and insured prescribed burn manager can conduct a controlled burn during a county burn ban if the burn meets the standards in the Texas Natural Resources Code.² The manager must give written notice to the Commissioners Court, county judge, or designee before the burn, and must also notify the county sheriff’s office, TCEQ, the Texas A&M Forest Service regional coordinator, and area fire suppression entities both before and after the burn.⁶ If a Governor’s or Presidential emergency declaration expressly prohibits all burning, even certified managers must stop.

TCEQ-Authorized Public Safety Burns

The burn ban statute does not apply to outdoor burning related to public health and safety that TCEQ has authorized. The categories are narrow: firefighter training, operations by public utilities, natural gas pipelines, or mining companies, and the planting or harvesting of agricultural crops.² Burning household trash on rural acreage does not qualify as an agricultural operation.

Outdoor Cooking

The state statute does not itself exempt backyard grilling from burn bans. Whether propane grills, charcoal grills, or smokers are allowed during a formal ban depends entirely on the language of the specific order the Commissioners Court adopts. Many Texas county orders exempt contained cooking fires, but conditions vary. Read the current order on the county website or call the Fire Marshal’s Office at 936-538-8288 before firing up.³

Penalties for Burning During a Ban

Knowingly or intentionally violating a burn ban order is a Class C misdemeanor punishable by a fine of up to $500. Each day of violation is a separate offense, so three consecutive days of illegal burning can mean three charges and up to $1,500 in fines. The offense is prosecuted in justice court in the same manner as a traffic citation, and county deputies or Fire Marshal investigators can issue citations on the spot. The county or district attorney prosecutes.²

The fine is often the smallest exposure. Anyone can seek an injunction to prevent a threatened violation, and if a fire escapes onto neighboring property, civil liability for the damage follows. Fire suppression costs can be substantial, and homeowner’s insurance rarely covers damage caused while breaking the law. Illegal burning can be reported to the Fire Marshal’s Office at MCFMO@MCTX.ORG or 936-756-0571.³

Fireworks Are a Separate Question

A burn ban does not automatically prohibit fireworks. Texas law treats fireworks restrictions as a separate authority requiring the Commissioners Court to issue its own order distinct from the outdoor burning order. When a burn ban is active in Montgomery County, check separately for a companion fireworks order, especially around the Fourth of July and New Year’s Eve. The answer changes from year to year based on conditions.

1
Montgomery County, Texas. Fire Marshal
2
State of Texas. Texas Local Government Code 352.081 – Regulation of Outdoor Burning
3
Montgomery County, Texas. Fire Marshal – Outdoor Burning
4
Texas A&M Forest Service. Burn Bans and Information
5
Legal Information Institute. 30 Texas Administrative Code 111.219
6
Texas A&M AgriLife Extension. Certified Prescribed Burn Manager Commercial or Private