The Outdoor Burning Rule, TAC 111.201 et. seq., prohibits generally outdoor buring anywhere in the state, subject to the specific exceptions in the code. In supplement to the OBR, counties can institute a county burn ban under Loc. Govt. 352.081.

However, because 352.081 is very limited, enforcement of the OBR in our county would be important.

I just got off the phone with someone from TCEQ who told me that the OBR cannot be enforced on a local level. Because the TCEQ has little presence in our county, that means that the OBR seems to have little effect here.

Are you aware of any decisions/opinions addressing: 1) the enforceability of the OBR by county officials; or 2) other statutes granting counties more extensive authority regarding outdoor buring than 352.081?

The plain language of the statute allows it to be enforced by local county officials. We pass a burn ban on a regular basis during the dry season. I am unaware of any cases, etc.

Ken,

Thanks for the reply. I know that County burn bans can be enforced locally. My question is whether the state administrative Outdoor Burning Rule can be enforced locally...

Bryce

Bryce, if you haven't already done so, look at Chapter 70, Subchapter D (70.201-70.206). It does look like enforcement is only by the Commission.