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Burn bans in Texas, Oklahoma, Kansas and New Mexico: where to check and what's allowed

Last checked Oct 18, 2026 TX, OK, KS, NM · about 4 min read

Burn bans can change from one day to the next. Always check on the day you plan to burn, and call your local fire department or sheriff's dispatch before you light. Report a wildfire by calling 911.

Texas

  • Who sets it: the county commissioners court, or the county judge where the court has given that authority. A ban covers the unincorporated parts of the county.
  • How long: each order can last up to 90 days, and the court can renew it. It can end sooner if conditions improve.
  • Where to check: the Texas A&M Forest Service county burn ban map.
  • What may still be allowed: under state law (Local Government Code §352.081), a ban does not apply to:
  • burns by a certified and insured prescribed burn manager who meets state burning standards
  • certain burning authorized by the Texas Commission on Environmental Quality (TCEQ), including burning for planting or harvesting of agricultural crops, firefighter training and utility or pipeline work
  • Before a prescribed burn during a ban: the Texas Department of Agriculture lays out notification steps. Generally you notify the county and dispatch before and after the burn. Confirm the details with your county.
  • Penalty: violating a ban is a Class C misdemeanor.

Oklahoma

  • Two kinds of bans:
  • County bans are passed by county commissioners after declaring "extreme fire danger." That requires severe-or-worse drought plus other fire conditions, with advice from local fire chiefs. They last up to 14 days.
  • Governor's bans supersede county bans and stay in place until Oklahoma Forestry Services says conditions have improved.
  • Where to check: Oklahoma Forestry Services posts current bans. Find it through ag.ok.gov.
  • Ag and prescribed burns: under a county ban, agricultural producers burning cropland, rangeland, forest or pasture as a management practice can still burn if they meet every requirement in state law. That starts with a written prescribed burn plan submitted to the local fire department. If the land is inside the Oklahoma Forestry Services protection area, the plan also goes to the OFS area office. There are notification steps too. Under a Governor's ban, controlled burning and prescribed fire are prohibited. Read ODAFF's "Burning Within Oklahoma Law" for the full list.
  • Penalties: up to $500 for a county ban violation and up to $1,000 for a Governor's ban, and up to a year in jail for either.

Kansas

  • Who sets it: generally your county. Kansas has no single statewide live burn-ban map, so check with your county emergency management office, sheriff or fire department. The Kansas Flint Hills Smoke Management site keeps a county burning information page.
  • April rules in 16 Flint Hills-area counties: in April, open burning is restricted in Butler, Chase, Chautauqua, Cowley, Elk, Geary, Greenwood, Johnson, Lyon, Marion, Morris, Pottawatomie, Riley, Sedgwick, Wabaunsee and Wyandotte counties. Pasture, range and CRP burning are still allowed under those rules. Burning brush piles, crop residue, construction debris and yard waste is restricted.
  • Many counties require a burn permit or a call-in before any burn. Ask your county.

New Mexico

  • Who sets it: fire restrictions come from several places. The state Forestry Division (part of EMNRD, the Energy, Minerals and Natural Resources Department) issues them, and so do federal land agencies, tribes, counties and some cities.
  • Where to check: the EMNRD Forestry Division's Find Current Fire Restrictions page has an interactive map. Click your area to see the restriction stage and a link to the order.
  • Also call your county fire marshal or local fire department. Not every restriction shows up on the map, and local permit rules can apply.

What to do next

  1. Check your county on the official source above the morning of the burn.
  2. Check the National Weather Service forecast for wind, humidity and red flag warnings.
  3. Write a burn plan, line up help and equipment, and make your calls.
  4. Ask your extension office (Texas A&M AgriLife, OSU, K-State or NMSU) about prescribed burn plan templates, training and local burn associations.

Cownty can text you when a burn ban starts or ends in your county.

Cownty is an independent service and is not affiliated with any fire, forestry or government agency. This is general information, not legal advice. Your county's order and state law control.

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Official sources

Rules and dates checked against these pages on Oct 18, 2026. Information only, not legal, tax, insurance or financial advice: the agency decides. Not affiliated with USDA or any government agency.

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