(A) Fire training. Outdoor burning shall be authorized for training of firefighting personnel by the Montgomery County ESD No. 1, when authorized and supervised by the office of the fire chief of Montgomery Count ESD No. 1. Fire-training outdoor fires do not require a burn permit.
(B) Domestic outdoor fires. Outdoor burning is authorized for noncommercial preparation of food, recreational or ceremonial purposes, or exclusively for warmth during cold weather, provided such a fire is built in a fireproof container, such as a barbecue pit or chimney, that is made of brick, stone, metal, or other fireproof material in such a manner as to prevent fire from escaping. Domestic outdoor fires do not require a burn permit.
(C) Disposal of animal remains. A permit may be obtained to burn diseased animal carcasses when burning is the most effective means of controlling the spread of disease. Licensed veterinarians, in accordance with V.T.C.A., Occupations Code § 801.361, may dispose of animal remains by burning without acquiring a burn permit.
(D) Public health and safety burns. Brush, trees, and other plant growth causing a detrimental public health and safety condition may be burned by the city at a site it owns upon receiving site and burn approval from the City Manager. Such a burn may only be authorized when there is no practical alternative.
(E) Land clearing operation. A permit may be obtained for the burning of vegetation in the clearing of land. The term “land clearing operation,” as defined by Tex. Admin. Code Title 30, § 111.203(2), as adopted and as may be amended, means the uprooting, cutting, or clearing of vegetation in connection with conversion for the construction of buildings, rights-of-way, residential, commercial, or industrial development, or the clearing of vegetation to enhance property value, access, or production. The term “land clearing operation” does not include maintenance burning of on-site property wastes such as fallen limbs, branches, or leaves, or other wastes from routine property clean-up activities, nor does it include burning following clearing for ecological restoration.
(E) Failure to comply. Failure to comply with any requirement in this chapter shall authorize any public enforcement official to require that a fire be immediately extinguished, and may result in a citation, penalty, or other available relief allowed under § 97.99 for the enforcement of this chapter.
(Ord. 19-0219, passed 2-19-2019)