Texas law says no burning if winds are high enough

Tuesday, December 21, 2010 - 1:24pm

Many Texans don't know that burning on a windy day is often against the law - even if your county is not under a burn ban.

Smith County fire marshal Jim Seaton says it's not a 'ticketable offense.'

The law states that if winds exceed 23 miles per hour, burning outdoors is not permitted.

If a fire is burning on a very windy day, fire officials can ask landowners to put the fire out.

Instead of angry encounters with brush-burning-landowners, Seaton says in his 24 years as fire marshal, most people use common sense when burning outdoors - even when fire officials have to intervene.

"They'll stop and talk with the landowner and caution them about that and the majority of the time, landowners will go ahead and say, 'yeah let's go ahead and put it out.," Seaton said.

Seaton says the burning law is part of the Clean Air Act - if you'd like more info on that, click here.

In the meantime, even though most East Texas counties are not under a burn ban, fire officials like Seaton are urging folks to not burn until we get some much needed rain.

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