Outdoor Burning Rules for Comal County

TCEQ Laws For Outdoor Burning [CITE as a violation of Section 7.177, Water Code] A person commits an offense if the person intentionally or knowingly, with respect to the person's conduct, violates the General Requirements for Allowable Outdoor burning or any other rule promulgated by the Texas Commission on Environmental Quality regarding outdoor burning. An offense is punishable for an individual by a fine or not less than $1,000 or more than $50,000, confinement in the county jail for a period not to exceed 180 days, or both. An offense is punishable for a person other than an individual by fine of not less than $1,000 or more than $100,000.

GENERAL REQUIREMENTS FOR ALLOWABLE OUTDOOR BURNING:

Adopted by Texas Commission on Environmental Quality Title 30 Texas Administrative Code #111.219

Printable Version

Burn Ban is OFF as of 08-15-2016

By Commissioners Court

Kory Klabunde
Fire Marshal

 

TCEQ Laws for Outdoor Burning

Texas Commission on Environmental Quality, Subchapter B: Outdoor Burning

 

 

Title 30 TAC #111.203 Definitions.

Structure containing sensitive receptor(s) - A man-made structure utilized for human residence or business, the containment of livestock, or the housing of sensitive live vegetation, The term "man-made structure" does not include such things as range fences, roads, bridges, hunting blinds or facilities used solely for the storage of hay or other livestock feeds, The term "sensitive live vegetation" is defined as vegetation which has potential to be damaged by smoke and heat, examples of which include, but are not limited to: nursery production, mushroom cultivation, pharmaceutical plant production, or laboratory experiments involving plants.

 

Enforcement

[ THE RULES ABOVE WERE ADOPTED BY TCEQ UNDER THE TEXAS CLEAN AIR ACT, CHAPTER 382 OF THE HEALTH AND SAFETY CODE. A VIOLATION OF THESE RULES IS STATED TO BE AN OFFENSE UNDER SEC. 7.177 OF THE WATER CODE, WITH THE RANGE OF PUNISHMENT SET OUT IN SECTION 7.187 OF THE WATER CODE.][CITE as a violation of Section 7.177, Water Code]

A person commits an offense if the person intentionally or knowingly, with respect to the person's conduct, violates the General Requirements for Allowable Outdoor burning or any other rule promulgated by the Texas Commission on Environmental Quality regarding outdoor burning.

An offense is punishable for an individual by a fine or not less than $1,000 or more than $50,000, confinement in the county jail for a period not to exceed 180 days, or both.

An offense is punishable for a person other than an individual by fine of not less than $1,000 or more than $100,000.

A person may be responsible for the criminal conduct of another under the provisions of Section 7.02, Texas Penal code, as for example where he/she solicits, encourages, directs, aids or attempts to aid the other person to commit the offense.