A Smith County burn ban prohibits outdoor burning in all unincorporated areas of the county whenever the Commissioners Court has one in effect, and whether one is active today changes with the weather. Confirm the current status on the Smith County Fire Marshal’s page before you light anything outside,1Smith County. Fire Marshal or call the Fire Marshal’s Office at 903-590-2655.
How to Check the Current Status
Two sources will tell you within a minute. The Smith County Fire Marshal’s page states plainly whether a ban is in effect.1Smith County. Fire Marshal The Texas A&M Forest Service also keeps a statewide map that shows every Texas county’s current burn-ban status and updates as orders are adopted or lifted.2Texas A&M Forest Service. Burn Bans and Information
Check the morning you plan to burn. The Commissioners Court can impose a ban or rescind one at any point, and conditions in East Texas can swing from safe to dangerous after a dry week.
What a Smith County Burn Ban Prohibits
The Commissioners Court draws its authority from Texas Local Government Code §352.081 and can prohibit outdoor burning generally or ban the burning of specific materials.3State of Texas. Texas Local Government Code 352.081 – Authority of Commissioners Court to Regulate Outdoor Burning In practice that reaches the activities most residents think of first: burning household trash, clearing brush piles, and igniting yard debris such as grass clippings or pine needles. Stacked vegetation is particularly risky because it holds heat and can reignite after you believe it’s out.
One important boundary: the county ban applies only outside city limits. If you live inside an incorporated municipality like Tyler, the city’s own fire codes govern your outdoor burning, not the county order. If your property sits in unincorporated Smith County, the prohibition applies regardless of parcel size or distance from your nearest neighbor.
What You Can Still Do During a Ban
Several categories of activity stay allowed, each with conditions attached.
- Outdoor cooking is still permitted as long as the fire stays fully contained inside the grill or smoker. Keep the device on a surface clear of dry vegetation, keep water or an extinguisher within reach, and use a lid to prevent sparks from escaping. A contained grill is fine; an open campfire or burn barrel is not.
- Welding, cutting, and grinding remain permissible, but industry safety protocols call for a fire watch of at least one hour after the work ends, with a dedicated person monitoring the area and suppression equipment on hand.
- Prescribed burns managed by a certified and insured prescribed burn manager under Texas Natural Resources Code §153.048 are exempt, provided they meet the standards in §153.047.3State of Texas. Texas Local Government Code 352.081 – Authority of Commissioners Court to Regulate Outdoor Burning
- Certain activities authorized by the Texas Commission on Environmental Quality are also exempt, including firefighter training, public utility and pipeline operations, and agricultural planting or harvesting work.3State of Texas. Texas Local Government Code 352.081 – Authority of Commissioners Court to Regulate Outdoor Burning
The cooking exemption is where people most often get into trouble. If you have any doubt about whether your setup qualifies, call the Fire Marshal’s Office before lighting it.
Penalties if You Burn Anyway
Knowingly or intentionally violating a burn ban is a Class C misdemeanor under Texas law.3State of Texas. Texas Local Government Code 352.081 – Authority of Commissioners Court to Regulate Outdoor Burning The maximum fine is $500 per occurrence, the ceiling set by Texas Penal Code §12.23 for all Class C misdemeanors.4State of Texas. Texas Penal Code 12.23 – Class C Misdemeanor The word “knowingly” matters: you need to be aware the ban exists and burn anyway. Because the county posts the order publicly and local news typically covers it, an ignorance defense rarely holds up.
The $500 fine is the floor of what can happen, not the ceiling. A court sentencing you for any criminal offense in Texas can also order restitution to cover a victim’s losses, so if your fire spreads and damages a neighbor’s fence, land, or home, you can owe far more than the fine. And if investigators determine you intentionally started a fire that destroyed vegetation, a fence, or a structure on open land, the charge rises to arson under Texas Penal Code §28.02, a second-degree felony punishable by years in prison.
If Your Fire Escapes Your Property
Even without a criminal charge, a fire that leaves your land and damages a neighbor’s property exposes you to a civil lawsuit. Standard negligence rules apply: if you failed to exercise reasonable care and your fire caused someone else’s loss, you can be held financially responsible. Burning during an active ban is strong evidence of negligence, because you did something the county specifically told you not to do.
Civil damages are not capped by the misdemeanor statute. They are measured by the actual loss: the cost to rebuild a structure, the value of destroyed livestock or timber, lost rental income, and similar harms. Homeowner’s insurance policies often exclude coverage for intentional acts, so an insurer may refuse to cover a claim arising from debris you deliberately burned during a ban. A $500 citation can turn into a six-figure judgment.
Fireworks During Drought
Burn bans and fireworks restrictions run on separate legal tracks, but they often appear together because both respond to drought. Under Texas Local Government Code §352.051, the Commissioners Court can prohibit or restrict the sale and use of certain fireworks in unincorporated areas when the Keetch-Byram Drought Index reaches 575 or higher.5State of Texas. Texas Local Government Code 352.051 – Regulation of Fireworks Violating a fireworks restriction is also a Class C misdemeanor.
If a burn ban is in effect heading into the Fourth of July or New Year’s, check separately whether a fireworks order has been issued. Knowing about one does not mean you’ve been told about the other.
Rules That Apply Even Without a Ban
Texas has permanent statewide rules on outdoor burning enforced by the Texas Commission on Environmental Quality. Under 30 TAC §111.201, no person may conduct outdoor burning in Texas except where specifically authorized by TCEQ regulations, permits, or orders.6Texas Commission on Environmental Quality. Outdoor Burning in Texas (RG-049) Even when no county ban is active, your burning still has to fall into an allowed category.
Common exceptions under the TCEQ rules include recreational fires, ceremonial fires, and noncommercial cooking. The regulations prohibit burning electrical insulation, treated lumber, plastics, heavy oils, rubber, and chemical waste at any time, ban or no ban.6Texas Commission on Environmental Quality. Outdoor Burning in Texas (RG-049) TCEQ does not set or regulate county burn bans, so the two systems run independently. You have to comply with both: the TCEQ rules all the time, and the Smith County order whenever one is in effect.