Texas Burn Ban Laws (2026)

Texas has one of the most active burn ban systems in the country. With 254 counties, each with its own county judge who can declare a ban independently, the status changes constantly — especially during drought season. Here's everything you need to know about how Texas burn bans work, what the penalties are, and how to check your county right now.

Check Your County Right Now

The Texas A&M Forest Service updates its burn ban map daily. This is the official state resource — click your county to see its current status.

Texas A&M Forest Service Burn Ban Map ↗

The Legal Framework: Who Can Declare a Burn Ban in Texas

Texas burn bans operate under a county-level system established by Texas Government Code Chapter 352. Here's how it works:

County Judges (§ 352.081)

The county judge of any Texas county may issue a burn ban when weather conditions create an elevated wildfire risk. The ban applies to all outdoor burning within the county. The judge can also lift the ban when conditions improve. There is no statewide standard for when a ban must be declared — it is entirely at the judge's discretion.

The Governor (§ 352.081(b))

The Governor can declare a statewide burn ban, which supersedes individual county decisions. This has happened during severe drought years. A statewide ban covers all 254 counties simultaneously.

U.S. Forest Service (Federal Land)

On federal land in Texas (national forests, grasslands), the U.S. Forest Service can issue fire restrictions under 36 CFR 261.52 that are independent of county burn bans. If you're camping in a national forest, check both the county burn ban status AND the Forest Service fire restrictions.

Penalties for Violating a Texas Burn Ban

Violation Charge Penalty Statute
Burning during active ban Class C Misdemeanor Up to $500 per day TX Gov. Code § 352.082
Fire escapes and spreads Civil liability All suppression costs + property damage TX Nat. Res. Code § 153.047
Arson (intentional fire) Felony (various degrees) 2-99 years in prison TX Penal Code § 28.02

The civil liability risk is often more significant than the criminal fine. In 2024, a West Texas rancher was held liable for $2.3 million in suppression costs after an illegal burn escaped during a county burn ban. The fire burned over 15,000 acres before it was contained.

What Texas Burn Bans Cover

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Campfires and fire pits

Covered by all burn bans

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Brush and debris burning

Covered by all burn bans — this is the primary target

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Agricultural burning

Covered by all burn bans, including prescribed burns

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Charcoal grills

Depends on the specific ban language — check your county judge's declaration

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Propane and gas grills

Almost always exempt from Texas burn bans

When Are Texas Burn Bans Most Common?

Texas burn bans follow drought patterns, which vary by region:

Region Peak Season Notes
West Texas / Panhandle Year-round, worst Aug–Feb Most frequent and longest-lasting bans in the state
Central Texas / Hill Country July–November Summer drought and fall winds create high risk
East Texas August–October Less frequent than West Texas, but still significant
South Texas March–June Spring winds and dry conditions create elevated risk

Frequently Asked Questions

Who has the authority to declare a burn ban in Texas?
Under Texas Government Code § 352.081, the county judge of any county may declare a burn ban when weather conditions create an elevated wildfire risk. The ban applies to all outdoor burning within the county. The county judge can also request that the Governor declare a statewide burn ban, which has happened during severe drought conditions.
What are the penalties for violating a burn ban in Texas?
Under Texas Government Code § 352.082, violating a county burn ban is a Class C misdemeanor punishable by a fine of up to $500 per day. Each day of violation is a separate offense. Additionally, under Texas Natural Resources Code § 153.047, if your illegal burn causes a wildfire, you can be held civilly liable for all suppression costs, which can run into the millions of dollars.
How do I check if my Texas county has an active burn ban?
The Texas A&M Forest Service maintains an interactive burn ban map at texasforestservice.tamu.edu that is updated daily. You can click on your county to see its current burn ban status. You can also call your county judge's office directly for the most current information.
Does a Texas burn ban apply to campfires?
Yes. A Texas county burn ban applies to all outdoor burning, including campfires, fire pits, brush burning, and agricultural burning. Propane and gas grills are generally exempt. Charcoal grills may or may not be covered depending on the specific language of the ban — check the county judge's declaration for details.
When are burn bans most common in Texas?
Burn bans in Texas are most common from late summer through early winter — typically August through January — when drought conditions are most severe. The Panhandle and West Texas counties tend to have the most frequent and longest-lasting burn bans. However, any county can be placed under a burn ban at any time of year if drought and wind conditions warrant it.

Other State Burn Ban Guides

→ Oklahoma Burn Ban Guide → California Burn Ban Guide → Colorado Burn Ban Guide → All States: Burn Ban Overview