Texas Burn Ban Map: How to Check Your County and What a Ban Means

Last verified October 25, 2026 against current Texas law. Burn ban status changes daily, so this page does not list which counties are banned right now.

The Texas burn ban map is the statewide map from the Texas A&M Forest Service that shows which counties have a ban on outdoor burning. It changes often, because each county can start or end a ban on its own.

This page explains how to read the map, what a county burn ban actually prohibits, how Texas treats burning the American flag, and what a violation costs.

Who sets a burn ban	The county commissioners court, led by the county judge. Texas A&M Forest Service publishes the statewide map
Where it applies	The unincorporated area of the county, not inside city limits
How long it lasts	Up to 90 days per order. A new order can follow
Penalty for breaking it	Class C misdemeanor, fine up to $500
Where to check	The Texas A&M Forest Service burn bans page (tfsweb.tamu.edu/BurnBans), then your county’s own order
Main laws	Local Government Code § 352.081, 30 Texas Administrative Code ch. 111

Is there a burn ban in Texas today?

It depends on the county. Texas has 254 counties and each one decides for itself, so on any day some are under a ban and others are not.

To see what counties are under a burn ban in Texas today, open the Forest Service burn bans page, which posts the statewide map. We do not copy a county list here because a status can change overnight.

How to read the Texas burn ban map

The Forest Service builds the map from information it receives from the counties, and bans are issued by each county, so the map can lag a county’s newest order.

That lag is real. On October 20, 2026, a Wichita Falls area TV report noted that Montague County had rescinded its ban while the Forest Service still listed it. Treat the map as a first check, not the final word.

1. Open the Forest Service burn bans page and find your county.
2. Find your county’s own order, which the county judge’s office, fire marshal or emergency management office usually posts.
3. Read the order’s end date and exceptions, and call the county fire marshal if anything is unclear.

How a county burn ban works under § 352.081

A county burn ban is a written order signed by the commissioners court under Local Government Code § 352.081. The court can act in two situations:

• Drought. At the court’s request, Texas A&M Forest Service decides whether drought conditions exist, measured with the Keetch-Byram Drought Index or a comparable measure.
• A local safety hazard. The court can also find that local circumstances create a public safety hazard that outdoor burning would make worse. No drought finding is needed for this route.

The order must state how long it lasts, and the period cannot run past the 90th day after the order is adopted. A court can pass a new order that takes effect when the old one expires, which is why a county can stay under a ban for months.

A ban ends early when the Forest Service finds drought is over, or when the court, or a county judge or fire marshal the court designates, decides the hazard has passed.

Angelina County gives a real example. Its commissioners court adopted an order on August 13, 2026 that runs 90 days, to about November 11, 2026, covers only the unincorporated area, and says it ends early only if the Forest Service finds drought is gone and the county judge finds the need has passed.

What a burn ban prohibits and what it allows

A burn ban bans outdoor burning, but the exact reach is in your county’s order. The statute lets a court ban outdoor burning generally or only burning of a particular substance, in all or part of the unincorporated county.

Section 352.081 exempts burns the Texas Commission on Environmental Quality authorizes for firefighter training, utility, pipeline or mining work, and crop planting or harvesting, plus burns by a certified and insured prescribed burn manager.

Cooking and campfires are where people get caught. Angelina County’s August 2026 order bans all outdoor burning in the unincorporated area, and its exceptions do not mention cooking or campfires. When an order is silent, ask the fire marshal.

Does a county burn ban apply inside city limits?

No. Section 352.081 lets a county ban burning only in the unincorporated area, so a county order does not reach land inside a city. City fire codes and ordinances govern there.

A ban in Montgomery County, for example, would not apply inside the city of Conroe. State air rules also generally require burning outside city limits unless a local ordinance allows it.

Is there a burn ban in Montgomery, Henderson, Johnson, Orange, Hardin, Polk, Smith, Travis or Anderson County?

We cannot give you today’s answer for any single county. Each of these counties decides on its own, and a ban next door does not mean your county has one.

In every one of them a ban covers only the unincorporated area and lasts at most 90 days per order. Check the Forest Service map, then the county judge’s office or fire marshal for the signed order.

Texas outdoor burning rules when there is no ban

No ban does not mean you can burn anything. State air rules in 30 Texas Administrative Code ch. 111 prohibit outdoor burning in general, with exceptions, under § 111.201.

• Recreation, cooking and warmth: allowed under § 111.207, as long as you do not burn prohibited materials.
• Household waste: allowed under § 111.209(1) only at a home housing no more than three families, only if the local government does not collect household waste, and only for waste generated at that home, such as kitchen garbage, untreated lumber, cardboard boxes, packaging, clothing, grass, leaves and branch trimmings.
• Plant growth: allowed under § 111.209(4) for trees, brush and other plant growth from the owner’s own property. In a county in a federal nonattainment area, or one containing part of a city that extends into one, it is limited to right-of-way upkeep, land clearing and canal maintenance, and only when no practical alternative exists.
• Do not burn: treated lumber, plastics, non-wood construction or demolition material, electrical insulation, items containing natural or synthetic rubber, heavy oils, asphaltic materials, explosives and chemical wastes, under § 111.219(7). Tires, furniture, carpet, wire and appliances are not household waste under § 111.209(1). The household waste rule does list packaging, so ask TCEQ before burning any plastic.
• Neighbors: burn downwind of, or at least 300 feet from, any neighboring structure used as a residence or business, or to hold livestock or sensitive plants, unless the occupant approves in writing in advance, under § 111.219(5).

Permission is not a shield. If your fire escapes, ordinary negligence rules apply and you can owe damages, and 30 TAC § 111.221 says authorization does not excuse liability.

Is it illegal to burn the American flag in Texas?

No, not for the act of burning the flag itself. In Texas v. Johnson, 491 U.S. 397 (1989), the U.S. Supreme Court held that burning a flag as a protest is protected expression, and that case came out of Texas.

Penal Code § 42.11 makes it a Class A misdemeanor to intentionally or knowingly damage, deface, mutilate or burn the U.S. or Texas flag. In October 2015 the Texas Court of Criminal Appeals ruled 6 to 3 in State v. Johnson that the law is unconstitutionally overbroad under the First Amendment.

Burn laws still apply to the fire. A flag burned in the unincorporated part of a county under a ban can draw a charge for violating the order, because the order covers the fire, not the message.

A federal executive order signed August 25, 2025 tells federal agencies to refer possible violations of state or local law, and it names open burning restrictions as an example. It does not change the Supreme Court’s ruling.

Retiring a worn flag is separate. Section 42.11(c) excepts disposal under statutes on damaged flags, and the federal Flag Code, 4 U.S.C. § 8(k), says a worn flag should be destroyed in a dignified way, preferably by burning. A burn ban still applies and its exceptions do not mention flag retirement, so ask the fire marshal first.

Do burn bans cover fireworks?

Not automatically. Fireworks are handled by a separate order. Under Local Government Code § 352.051, if the Forest Service finds drought on average in a county, the commissioners court can restrict the sale or use of restricted fireworks, meaning skyrockets with sticks and missiles with fins, in the unincorporated area.

Penalties and liability

Situation	Offense	What it means
Knowingly or intentionally breaking a county burn ban order	Class C misdemeanor	Fine up to $500, no jail
Breaking a county drought fireworks order	Class C misdemeanor	Fine up to $500, no jail
Burning household refuse in certain large planned communities (§ 352.082)	Class C misdemeanor	Fine plus required community service
Burning a U.S. or Texas flag (Penal Code § 42.11)	Class A misdemeanor on paper	Held unconstitutional in 2015, so it cannot be enforced as written

Myths vs. facts about Texas burn bans

Myth	Fact
“No ban on the map means I can burn anything.”	State air rules still prohibit most outdoor burning unless an exception applies.
“The map is always up to date.”	It depends on county reports, so it can lag a county’s newest order.
“Burning a flag is a crime in Texas.”	The Supreme Court protects it as expression. Burn bans and open burning rules still apply to the fire.

Timeline: key dates behind Texas burn ban and flag rules

Date	What happened
October 7, 2015	The Texas Court of Criminal Appeals rules Penal Code § 42.11 unconstitutionally overbroad
August 25, 2025	Executive Order 14341 on prosecuting flag burning is signed
August 13, 2026	Angelina County adopts a 90-day burn ban order

We found no 2025 or 2026 amendment to § 352.081 in the statute’s history notes.

How Texas burn bans compare with neighboring states

State	Who sets a ban	What we verified
Texas	County commissioners court	Up to 90 days per order, unincorporated area, Class C misdemeanor
Oklahoma	County commissioners, or the governor	County bans last up to 14 days and a governor’s ban overrides them. A county ban carries a fine up to $500, a governor’s up to $1,000, and either can include up to one year in jail
Louisiana	State Fire Marshal has issued statewide bans	A statewide ban was issued in August 2023 with exceptions for approved burns and small recreational fires
Arkansas	County judges issue bans; the state forestry agency lists counties	Duration is set by each county order
New Mexico	State Forester sets fire restrictions; counties and federal agencies issue their own	An April 2026 order covered state lands and restricted smoking, fireworks, campfires and debris or agricultural burning

What to do if you are cited or your fire spreads

• If you get a citation: a Class C misdemeanor is fine-only. Read the court date on the ticket and do not ignore it.
• If a fire gets out of control: call 911 first, then your insurer.

Frequently asked questions

What counties are under a burn ban in Texas today?

It changes daily. Open the Texas A&M Forest Service burn bans page for the statewide map, then confirm in your county’s own order, since the map is built from county reports and can lag. We do not list counties here because a stale list could mislead you.

Is there a burn ban in Montgomery, Henderson, Johnson, Orange, Hardin, Polk, Smith or Anderson County?

We cannot confirm today’s status for any one county. Each county judge and commissioners court decides for itself. Check the Forest Service map, then your county’s fire marshal or judge’s office for the signed order, which also shows the end date.

Can I grill or use a fire pit during a burn ban?

It depends on the order. State air rules allow cooking and warmth fires, but a county can ban outdoor burning generally. Some orders list exceptions and some do not, so read yours or call the fire marshal before lighting a grill, smoker or fire pit.

Can I burn trash on my property in Texas?

Only under narrow rules. State law allows burning household waste at a home of no more than three families if the local government does not collect household waste, and only waste generated at that home. Tires, treated lumber, furniture, carpet, wire and appliances cannot be burned, and the general rules bar burning rubber and chemical wastes.

Is it illegal to burn the American flag in Texas?

Not for the burning itself. The U.S. Supreme Court protected flag burning in Texas v. Johnson in 1989, and the Texas Court of Criminal Appeals held Penal Code § 42.11 unconstitutional in 2015. Burn bans and open burning rules still apply to the fire.

If this affects you: if you were cited for burning during a ban, read the court date on the citation and speak with a Texas-licensed attorney before you plead. If a fire spread to a neighbor’s land, tell your insurer and ask a lawyer about liability. This guide is general legal information, not advice for your situation. More everyday rules are in our everyday life, property and your rights guides. Read how we research every guide in our editorial policy, or report an error.