A Randall County burn ban is an order from the commissioners court that prohibits outdoor burning in the unincorporated parts of the county during drought or other hazardous conditions. It is issued under Texas Local Government Code Section 352.081, and knowingly violating it is a Class C misdemeanor with a fine of up to $500.1State of Texas. Texas Local Government Code 352.081 – Regulation of Outdoor Burning Before you light anything outdoors, confirm the current status on the county’s Fire page at randallcounty.gov or with the Randall County Sheriff’s Office.2Randall County, Texas. Fire Conditions in the Panhandle change quickly; a ban that wasn’t in place last week may be active today.
Where the Ban Applies
County burn bans only cover unincorporated areas of Randall County. If you live inside the city limits of Amarillo, Canyon, or another incorporated municipality, your city’s ordinances control outdoor burning regardless of what the county has done.1State of Texas. Texas Local Government Code 352.081 – Regulation of Outdoor Burning Outside city limits, the commissioners court’s order is what governs your property.
Fireworks are handled by a separate statute (Section 352.051) and a separate order. A burn ban does not automatically restrict fireworks, and a fireworks restriction does not automatically stop burning. Check both if you have holiday plans.
What You Can’t Do During a Ban
When a ban is active, all outdoor burning in unincorporated Randall County is off-limits unless a narrow statutory exception applies. The activities that trip most people up:
- Burning household trash, yard waste, brush, or construction debris
- Using burn barrels, even ones you think are contained — sparks travel a long way in Panhandle wind
- Campfires, fire pits, and other open recreational fires at rural homes or campsites, regardless of size
The statute lets the commissioners court prohibit outdoor burning in general or ban burning of specific materials, so the order in effect may be tailored or blanket. Read the current order before assuming anything is allowed.1State of Texas. Texas Local Government Code 352.081 – Regulation of Outdoor Burning
What Is Still Allowed
Barbecue grills and smokers are generally exempt because the fire is enclosed rather than open. Use them on a clear surface, keep them away from dry grass and brush, and keep the lid down when you’re not tending the food. A grill on a concrete patio is a different animal from one sitting in tall dead grass.
Section 352.081 also carves out exceptions that do not apply to typical homeowners but matter if you operate on rural land:
- Firefighter training burns authorized by the Texas Commission on Environmental Quality
- Public utility, natural gas pipeline, and mining operations conducting necessary burns with TCEQ authorization
- Planting or harvesting activities related to production agriculture, when authorized by the TCEQ
- Burns conducted by a certified and insured prescribed burn manager operating under Natural Resources Code Sections 153.047 and 153.0481State of Texas. Texas Local Government Code 352.081 – Regulation of Outdoor Burning
The prescribed burn manager exception is not a workaround for a landowner who wants to burn a brush pile. It exists so trained, insured professionals can manage rangeland when broader restrictions are in place. A landowner who hires such a manager gets liability protection under Texas Natural Resources Code Section 153.081 for damage or injury caused by the burn, provided the manager is the one conducting it. Do the burn yourself and that protection disappears.3State of Texas. Texas Natural Resources Code 153.081 – Limitation of Owner Liability
Penalties for Violating a Burn Ban
Knowingly or intentionally burning in violation of the order is a Class C misdemeanor under Section 352.081(h).1State of Texas. Texas Local Government Code 352.081 – Regulation of Outdoor Burning The maximum fine is $500 and there is no jail time for the offense itself.4State of Texas. Texas Penal Code 12.23 – Class C Misdemeanor Deputies and fire officials who see unauthorized smoke or flames in unincorporated areas can write a citation on the spot.
The statute also lets any person seek an injunction to stop a violation or threatened violation. Neighbors don’t have to wait for law enforcement to intervene; they can go to court.1State of Texas. Texas Local Government Code 352.081 – Regulation of Outdoor Burning
The $500 fine is the floor of your exposure, not the ceiling. If the fire spreads, Texas Penal Code Section 28.02 defines arson to include intentionally starting a fire that damages vegetation, fences, or structures on open-space land, and it separately covers reckless fires that damage another person’s building or cause bodily injury. Arson under the general provision is a second-degree felony punishable by 2 to 20 years in prison. Recklessly damaging someone else’s building or causing injury by fire is a state jail felony carrying 180 days to 2 years. A wind-driven grass fire covers that legal distance in minutes.
Civil Liability and Your Insurance
Even without criminal charges, you’re on the hook for what your fire destroys. Under Texas common law, negligently causing property damage exposes you to a lawsuit for the full amount, and burning in defiance of a posted ban is strong evidence of negligence. Ranchers who lose cattle, fencing, or pasture, and homeowners who lose structures, can sue you personally.
Your homeowners policy may not save you. Standard policies exclude intentional acts, and deliberately burning during a legal prohibition gives an insurer grounds to deny the claim. The fact that you didn’t mean for the fire to spread does not necessarily rescue coverage once you’ve admitted to violating the order that was in place. In wildfire-prone parts of the state, underwriting restrictions can further narrow what a policy will pay. Uncovered losses in destroyed rangeland, livestock, fencing, and buildings routinely run into six figures.
How Long a Ban Lasts
Every order the commissioners court adopts must set an end date, and that date cannot be more than 90 days after the order is passed. If dry conditions continue, the court can adopt a new order the moment the old one expires, so back-to-back bans are common through extended drought. A ban can also end early if the Texas A&M Forest Service determines drought conditions have ended, or if the commissioners court finds the hazard has passed. The court’s authority to act in the first place rests on either a Texas A&M Forest Service drought determination or the court’s own finding that circumstances create a public safety hazard.1State of Texas. Texas Local Government Code 352.081 – Regulation of Outdoor Burning
The practical takeaway: whether a ban is on today tells you nothing about whether it will be on next weekend, and vice versa. Check the county’s Fire page the morning you plan to burn.