Who declares burn bans in Texas?

In Texas, burn bans are set county by county by the commissioners court or county judge, under Local Government Code §352.081. The Texas A&M Forest Service posts a statewide map of the bans counties report.

State law lets a commissioners court prohibit or restrict outdoor burning in unincorporated areas when drought conditions exist. The Texas A&M Forest Service supplies the drought data counties use, such as the Keetch-Byram Drought Index. An order can last up to 90 days unless the court ends it early or renews it.

The law exempts some burning, such as certain agricultural and prescribed burns done under the rules. Read your county's order or ask the county before burning.

Other states in the region work differently. Oklahoma counties set bans and the Governor can declare one statewide; Oklahoma Forestry Services maps both. In New Mexico, the State Forestry Division sets fire restrictions for non-municipal, non-federal and non-tribal land. Kansas has no statewide list; county commissions set bans.

Cownty reads the official state maps for Texas, Oklahoma and New Mexico and shows each county's status with the date of the map. A Red Flag Warning from the Weather Service is separate from a ban but means fire can spread fast.

Official sources

• Texas Local Government Code §352.081
• Texas A&M Forest Service: burn bans

Rules checked against these pages on Oct 18, 2026. Live numbers update with each data load. Information only: the agency decides. Not affiliated with USDA.

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