Skip to Content (custom)
Texas Association of Counties
Toggle Navigation (custom)

    Legal Services

    LegalEase Newsletter | FAQs by Subject

    News Article | July 20, 2022

    Fireworks/Burn Ban

    Legal Guidance

    "It's too late for debate on a burn ban. We need to declare a disaster now, but the commissioners are out dealing with the wildfire. Can I declare it myself?"

    How is declaration of local disaster different from a burn ban?​

    ​A declaration of local disaster may be enacted by the county judge acting alone, subject to approval by the commissioners court within seven days after it is put in place. Additionally, a declaration of local disaster may restrict the use of fireworks more broadly than the commissioners court's ordinary authority and may prohibit outdoor burning that is usually exempt from county regulation. A burn ban requires commissioners court approval and may not restrict certain types of outdoor burning. See Short Answer to Common Questions: Burn Ban, Regulation of Fireworks, and Declaration of Local Disaster.