It seems that those "other counties" that one always hears about are temporarily lifting their burn bans to allow for some quick burning of trash pits following our recent moisture. Apparently this is being done by fiat of the county judge in those counties. Does anyone know where I might find statutory authorization for such an act by the county judge? I have been asked to draft an order to this effect, but I can't see how the judge overrides the commissioners court action.

Does LGC 352.081(e)(2) help?

I think that provision allows the judge to end the ban, but it doesn't allow for a temporary lift. We have since resolved this issue, and will probably just have a small gap between the expiration of the old ban and the entry of the new order.

Apparently, we are on of "those counties" from my reading of the local newspaper today.....quoted the county judge as saying he has the power to lift it for 10 days....so he did!

When I drafted the Burn Ban Order, I included a provision that permits the County Judge or County Fire Marshal to grant exemptions on a case by case basis. These officials look strictly at safety in making the determinations. We are not covered up with requests, because the answer is usually "Not no but . . . . " It's worked for us for several years.

For what it's worth, our commissioners renewed the ban, but made it effective about two weeks after the expiration of the old ban. That, in the end, was the simplest and most effective way we could see to approach the issue.