4 Tex. Admin. Code § 228.2 - Notifications Requirements Prior to Prescribed Burns

(a) Prior to conducting prescribed burn activities, a certified and insured prescribed burn manager must:

(1) provide written notification to the residents, owners, occupants or operators of structures containing sensitive receptors if they are located within 300 feet of and in the general direction downwind from the prescribed burn;

(2) provide the landowner or landowner's agent:

(A) proof of current insurance coverage applicable to the prescribed burn that meets the minimum requirements set forth in § RSA 227.1 of this title (relating to Minimum Insurance Requirements); and

(B) proof of current prescribed burn manager certification; and

(3) maintain the documentation required in paragraph (2) of this subsection on site at all times during a prescribed burn.

(b) Failure to comply with any of the notice requirements in subsection (a) of this section is a violation that may result in penalties under Chapter 4 of this title (relating to Prescribed Burning Board Enforcement Program).

(c) In addition to the TCEQ notification requirements set forth at Title 30, Chapter 111, Subchapter B of the Texas Administrative Code (relating to Outdoor Burning), the certified and insured prescribed burn manager is also responsible for compliance with additional notification requirements for prescribed burns which may vary by county, including local ordinances.

(d) It is strongly recommended that the certified and insured prescribed burn manager alert local officials by providing notice to the county sheriff's office and local fire authorities in proximity of the prescribed burn prior to burning.

Notes

4 Tex. Admin. Code § 228.2

The provisions of this §228.2 adopted to be effective March 30, 2014, 39 TexReg 2280; Amended by Texas Register, Volume 44, Number 05, February 1, 2019, TexReg 0475, eff. 2/6/2019