August 16, 2013, 15:29
Mack T. Harrisonregulating prescribed burns
Under 30 TAC 111.211, prescribed burns are excepted from the TCEQ regulations' ban on outdoor burning. I can't find any authority for a county to regulate this activity.
LGC section 352.081 allows a county to prohibit or restrict outdoor burning during drought conditions, but it doesn't seem to apply to burns conducted by a prescribed burn manager.
Other than the burn ban statute under 352.081, do counties have any other authority to regulate outdoor burning?