(A) A requestor/permittee shall ensure that the burn site and materials to be burned do not include prohibited materials, that a permit to burn has been obtained, that the proper offices have been notified, and that general requirements are being followed. The requestor/permittee is solely and wholly responsible for compliance with this chapter and applicable state and federal regulations relative to outdoor burning.
(B) Burning is permitted only if more than 50 feet from a structure, and when the wind direction and other meteorological conditions are such that the smoke and other pollutants will not present a hazard to any public road or have an effect on any, building structure. Once the bum is initiated, if at any time it causes or may tend to cause smoke to blow onto or across a street, roadway, or highway, it is the responsibility of the person initiating the bum to post flag persons on the affected roads.
(C) Fires must be kept downwind of, or at least 300 feet away from, any structure containing sensitive receptors located on adjacent properties, unless prior written approval is obtained from the adjacent occupant with possessory control. The term "structure containing sensitive receptors" is defined in Tex. Admin. Code Title 30, § 111.203(7) as a manmade structure utilized for human residence or business, the containment of livestock, or the housing of sensitive live vegetation. The term MANMADE STRUCTURE does not include such things as range fences, roads, bridges, hunting blinds, or facilities used solely for the storage of hay or other livestock feeds. The term SENSITIVE LIVE VEGETATION is defined as vegetation that has potential to be damaged by smoke and heat, examples of which include, but are not limited to, nursery production, mushroom cultivation, pharmaceutical plant production, or laboratory experiments involving plants.
(D) Burning shall not commence when the surface wind speed is predicted to be less than six miles per hour (five knots) or greater than 23 miles per hour (20 knots) during the burn period.
(E) Burning shall not be conducted during periods of actual or predicted persistent low level atmospheric temperature inversions.
(F) Burning may begin no earlier than one hour after sunrise and must end the same day no later than one hour before sunset.
(G) A responsible party must be present while the burn is active. Such persons shall have a water hose connected to a reliable water supply or have other fire extinguishing equipment readily available for use.
(H) Any residual fires and/or smoldering objects that continue to emit smoke must be extinguished at the end of the burn.
(I) Only brush/vegetation generated and gathered from the burn site area will be permitted. There shall be no importation of brush from any other properties for the purpose of burning.
(Ord. 19-0219, passed 2-19-2019)