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To burn or not to burn

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/257098965/m/5521043061

February 14, 2008, 10:10
John Dodson
To burn or not to burn
My Judge called me this morning and wants to know if the Governor's fire emergency declaration trumps the exemptions allowing for proscribed burns and others to burn during a burn ban under Chapter 352 LGC. He is looking at Title 4, Part 13, Chapter 226, rule 226.6, of the Texas Administrative Code which sets standands for certified prescribed burn managers. Rule 226.6 (b) states "No burning shall be allowed if a current Governor's and/or Presidential Declaration of Emergency or Disaster for fire is in effect in the county where the exemption is sought." I believe this prohibits certified burn managers from burning during such a declaration. However, would the declaration prohibit the other activities permitted as outlined in CH. 352? Anybody dealt with this before? Confused