In Texas you can burn brush from on-site land clearing under conditions set by TCEQ: outside city limits, at a safe distance from neighbors, in daylight, in the right wind, with someone attending the fire, and never during a county burn ban or red flag warning (TCEQ, AgriLife). During a ban the piles wait or the brush is hauled. Never burn demolition waste.
Burning cleared brush is allowed, with conditions
TCEQ's guide puts it simply: "Under certain conditions, you may also burn brush from on-site land clearing" (TCEQ GI-415). Land-clearing burns fall under 30 TAC 111.209(4), and in areas that meet air quality standards there is no need to show a lack of practical alternatives (AgriLife).
The general rules
Texas A&M AgriLife summarizes TCEQ's general requirements (30 TAC 111.219) like this (AgriLife):
- Burn outside city limits, unless a city ordinance allows it.
- Burn downwind of, or at least 300 feet from, any neighboring structure with people in it, unless the occupant gives written approval first.
- Do not start if the surface wind is forecast below 6 mph or above 23 mph.
- Light no earlier than one hour after sunrise, and finish the same day no later than one hour before sunset.
- Someone attends the fire at all times while it is actively burning.
- Post flag-persons if smoke may cross a road.
- Do not burn during persistent low-level inversions.
- No tires, treated lumber or plastics.
What never to burn
TCEQ: never burn construction or demolition waste, treated lumber or shingles, and do not burn during burn bans or red flag warnings (TCEQ GI-415). That is why debris from a demolition is always hauled, even on land where brush piles can be burned.
County burn bans
Burn bans are imposed "by a county judge or county commissioners court", and the Texas A&M Forest Service keeps a statewide map of current bans (TFS burn ban map). Bans change often, so check the map on the day, not this page.
Bexar County
Bexar County adopted an Order Restricting Outdoor Burning on 28 October 2025, effective 11 November 2025, under Local Government Code 352.081. It applied in unincorporated Bexar County for 90 days unless lifted earlier, allowed only household trash in mesh-screened enclosures, and made exceptions for TCEQ-authorized burns for crop planting and harvesting and for prescribed burns by certified burn managers. A violation is a Class C misdemeanor, which carries a fine (Bexar County order).
Bandera County
A Bandera County burn ban took effect on 27 August 2026, announced by the Sheriff's Office, prohibiting open burning and allowing household garbage only in a covered, mesh-topped barrel (News 4 San Antonio).
Kendall County
Kendall County's commissioners lifted a burn ban in January 2026 (Community Impact). Bans come back in dry spells, as in July 2023 (KSAT).
Your options during a ban
- Stack and wait. Clear now, stack the brush in piles placed for a safe burn later, and burn when the ban lifts and conditions are right.
- Haul it off. Load the brush out and take it to a disposal site. Faster, but it adds trucks and fees.
- Ask about other methods. Some outfits chip or mulch brush. Not sure if we handle it? Call and ask.
Planning piles for a later burn: keep them downwind of, or 300 feet from, neighbors' occupied buildings, away from the oaks you are keeping, and off the drip lines of any trees.
Common questions
Can I burn brush from clearing my land in Texas?
Yes, under TCEQ's conditions, outside city limits unless the city allows it, and not during a county burn ban or red flag warning.
How do I find out if there is a burn ban in my county?
Check the Texas A&M Forest Service burn ban map. Bans are set by each county judge or commissioners court and change often.
What happens to my brush piles during a burn ban?
They can wait for a legal burn, or be hauled off.
Can demolition debris be burned on rural land?
No. TCEQ says construction and demolition waste, treated lumber and shingles are never to be burned.
Talk to us about your land
Every piece of land is different. Call (830) 328-3684 or send the form for a free estimate. See our land clearing service.
Sources
- TCEQ, Burning Questions (GI-415)
- Texas A&M AgriLife, On-Site Brush Pile Burning in Texas
- Texas A&M Forest Service, Texas burn ban map
- Bexar County, Order Restricting Outdoor Burning (Nov 2025)
- News 4 San Antonio, Bandera County issues burn ban (Aug 2026)
- Community Impact, Kendall County commissioners lift burn ban (Jan 2026)
- KSAT, Kendall County reinstates burn ban amid extreme drought (Jul 2023)


