Texas Association of Counties

09/18/2026 | News release | Distributed by Public on 09/18/2026 14:25

When can the commissioners court order a burn ban

"We have had a long dry spell in our county and are concerned about potential wildfires. When and how should the county take action to mitigate this threat?"


When can the commissioners court order a burn ban?

Local Government Code §352.081 authorizes two alternative methods to determine when circumstances warrant adoption of a burn ban by the commissioners court. Either: (1) the Texas A&M Forest Service, at the request of the commissioners court, makes a determination that drought conditions, as defined by the Keetch-Byram Drought Index, exist in all or part of the county; or (2) the commissioners court makes a finding that circumstances present in all or part of the unincorporated areas of the county create a public safety hazard that would be exacerbated by outdoor burning.

For more information, see our Burn Ban, Regulation of Fireworks, and Declaration of Local Disaster resource and sample orders on our website.

Texas Association of Counties published this content on September 18, 2026, and is solely responsible for the information contained herein. Distributed via Public Technologies (PUBT), unedited and unaltered, on September 18, 2026 at 20:25 UTC. If you believe the information included in the content is inaccurate or outdated and requires editing or removal, please contact us at [email protected]