Burn Permit Requirements

All burn permits issued by the Fire Marshal’s Office are valid for 10 calendar days, beginning on the start date specified by the applicant on the permit application. Permit holders are responsible for monitoring current and forecasted weather conditions during this period to help ensure a safe and successful burn.

If you are unable to conduct your burn within the 10-day window, you may request an extension. Extension requests will be evaluated based on factors such as unexpected weather conditions that did not align with forecasts, or other events outside the control of the permit holder.

Please note that not all extension requests will be approved. If an extension is denied, a new permit application and payment will be required.

We encourage permit holders to plan accordingly, begin burning as early in the approved window as possible, and stay informed of changing weather conditions.

For more information or to request an extension, please contact the Fire Marshal’s Office.

Understanding who is the “Responsible Party”

When applying for a Residential or Commercial Burn Permit, the “Responsible Party” identified on the burn permit application is the individual who assumes full responsibility for managing all aspects of the proposed burning activity. This includes ensuring compliance with all applicable regulations, securing any required approvals, maintaining on-site safety measures, and overseeing the burn from start to completion. The Responsible Party will also serve as the primary point of contact for any correspondence related to the permit and shall be held liable for any violations or citations resulting from failure to comply with the terms and conditions of the burn permit or applicable local and state regulations.

Site Inspection Requirements

As a condition of all burn permit applications, the following requirements apply to all site inspections:

• The Responsible Party listed on the application shall be present during the site inspection.
• Piles shall be accessible by roads stable enough to support the weight of a typical wildland brush truck. Roads shall be free of deep ruts, mud holes, or soft sand that would impede access
• All burn piles must be fully prepared and located in their final, intended burn locations prior to scheduling the inspection.
• Commercial Burn Permits have additional requirements that must be present at the time of inspection. See the Commercial Burn Permitting section for additional information.
• Note: Unless otherwise approved, site inspections will not be conducted if piles are not prepared or if the responsible party is not present.

Understanding the Difference Between Residential and Commercial Burn Permits

The Bryan Fire Marshal’s Office issues different types of burn permits based on the nature and scope of the burning activity. It is important to understand the distinction to ensure the correct permit is obtained and appropriate safety measures are followed.

Residential Burn Permit

A residential burn permit is intended for one- or two-family dwellings where the property owner or occupant wishes to burn small quantities of natural vegetative waste. Residential burn permits are not intended for land clearing, construction, or commercial operations.

Alternatives to Residential Burn Permit

Included with your trash collection services, the City of Bryan Solid Waste Department offers brush and bulky collection services performed Monday through Friday. Once a week, Bryan residents can dispose of large items including furniture, appliances, and large tree branches. Some items, including refrigerators, freezers, and air conditioners may require a service fee for removing and certifying that all chlorofluorocarbons have been evacuated. Find more information about bulky collections services on the City of Bryan website.

Commercial Burn Permit

A commercial burn permit is required when the burning activity is associated with clearing land for a commercial or residential development, large-scale lot clearing, or other non-residential purposes.

Additional Site Inspection Requirements for Commercial Burn Permit Applicants

For commercial burn permit site inspections, in addition to being present and having all piles ready for inspection, the Responsible Party must also have all required components of the Safety and Fire Control Plan readily available for review. This includes, but is not limited to:

• Site access plan
• Water Supply and Fire Control Plan
• Safety Hazard Control Plan
• Worker Awareness and Training Plan

Failure to meet these requirements may result in the inspection being canceled or delayed, and the permit application placed on hold. For more information regarding Commercial Burn Permit Submittal Requirements, read below.

Commercial Burn Permit Application Requirements

To be considered for a Commercial Burn Permit, the applicant must submit a complete application package that includes all items listed below. Incomplete applications will not be processed.

Site Plan Drawings

1. Submitted drawings must clearly indicate the following:
   1. Property boundaries and access points
   2. Location of above ground utilities
   3. Location(s) and maximum size of each proposed burn pile
   4. Minimum required clearances, including:
      1. At least 300 ft from structures with sensitive receptors (or completed Sensitive Receptors Approval Form)
      2. At least 50 ft from combustible structures and overhead utility lines
      3. Staging areas, equipment locations, and traffic control (if applicable)
   5. Designated access routes for emergency response
   6. Hazard identifications (see Hazard Control section below for detailed requirements)
      1. Pits, trenches, Creek beds
      2. The type and locations of barriers, fences, or signage to be used
      3. Hazardous Materials

Water Supply and Fire Control Plan

1. Provide a written description of:
   1. On-site water sources, such as:
      1. Tenders or tankers (include capacity and refill plan)
      2. Hydrants (include distance from burn site)
      3. Natural or stored water (ponds, tanks, etc.)
      4. Firefighting equipment available on-site (e.g., hoses, pumpers, hand tools)
2. Fire Control and Extinguishment Methods
   1. Provide a detailed plan describing:
      1. Weather monitoring plan
      2. Methods for ignition
      3. Continuous on-site supervision by qualified personnel
      4. Equipment and procedures to control flame spread
      5. Methods and timeline for full extinguishment of each pile
      6. Uncontrolled Fire Response Plan
3. Smoke and Nuisance Control Plan
   1. Measures to prevent smoke from crossing roadways (e.g., flag-persons, monitoring)
   2. Methods to minimize smoke impact to nearby properties and residences
   3. Procedures for extinguishing smoldering piles at the end of each burn day
   4. Contingency plans for changing weather conditions, such as temperature inversions or shifts in wind direction

Minimum Road Requirements

For the purposes of commercial burning operations, all access routes intended for use by wildland firefighting vehicles must meet the following minimum requirements. These roads do not need to meet full Fire Apparatus Access Road specifications, but must be capable of supporting fire suppression vehicles commonly used in off-road and wildland response conditions. Where required by the Fire Code Official, perimeter access and firebreaks continuity of road(s) shall form an uninterrupted path or loop around the burn area or property boundary.

1. Minimum Clear Width:
   1. Roads shall have a minimum clear travel width of 12 feet, free of obstructions such as fencing, debris, or overgrown vegetation.
   2. Overhead Clearance: A vertical clearance of at least 14 feet must be maintained along the entire length of the access route.
   3. Surface Conditions: Roads must be stable enough to support the weight of a typical wildland brush truck (approx. 15,000–26,000 lbs GVWR).
   4. Roads shall be free of deep ruts, mud holes, or soft sand that would impede access.
2. Turnarounds:
   1. Where access roads are greater than 100 feet off roadway, AND the roads do not provide a looped path, OR where roads dead end due to natural or man-made barriers, turnarounds shall be provided. Additional turnarounds may be required at the discretion of the Fire Code Official.
   2. Radius of curves should accommodate a minimum turning radius of 30 feet, suitable for smaller Type 3–6 wildland engines.
3. Access to Burn Piles:
   1. Access roads must provide direct approach within 50 feet of each burn pile.
   2. A turnaround or staging area shall be provided near each burn area to allow for fire truck positioning and maneuvering.
4. Maintenance During Burn Operations:
   1. Access roads must remain clear, passable, and maintained throughout the duration of the permitted burn activity.

Perimeter Access and Firebreak Requirement

when the presence of vegetation, brush, or trees may present a risk of fire spread beyond the permitted site. The permit holder shall ensure that an accessible perimeter road or firebreak is established and maintained around the boundaries of the property or designated burn area. The perimeter road or firebreak must meet the minimum road requirements as follows:

1. Minimum clearances: width of at least 12 feet, height of at least 14 feet, aArea must be free of combustible vegetation, debris, or obstructions that could support fire spread
2. Access: Must remain passable at all times during active burning and until all smoldering has ceased

This perimeter access road serves as a defensive firebreak and ensures that firefighting personnel can quickly access any side of the burn area to control or contain an unintended fire spread.

Combustible Material Clearance Around Piles

As a condition of this Commercial Burn Permit, the permit holder is required to clear all combustible materials down to mineral soil within a minimum radius of 25 feet beyond the outer edge of each burn pile. This firebreak must:

1. Be free of vegetation, grass, brush, wood debris, and any other combustible material
2. Extend uniformly around the entire perimeter of the burn pile
3. Be maintained for the duration of the burn operation, including during smoldering and extinguishment phases

The purpose of this requirement is to establish a continuous firebreak that limits the risk of fire escape and ensures a controllable burn zone.

Hazard Control Guidelines for Commercial Burn Sites

Applies to open holes, trenches, pits, excavations, and similar hazards

It is the responsibility of the permit holder to identify and secure all fall hazards on the burn site; Maintain barriers throughout the duration of the permitted activity; Ensure that barriers are checked and repaired daily during multi-day burns. To ensure the safety of fire department personnel and others working on or responding to burn operations, the following minimum protective measures are required around any hole, trench, pit, or excavation that poses a fall hazard of 24 inches or greater:

1. Barrier or Fencing Requirements
   1. Minimum Height: Barriers shall be at least 42 inches in height.
   2. Materials: Barriers may be constructed of temporary fencing, safety railing, or high-visibility construction fencing supported by posts at intervals of no more than 8 feet.
   3. Strength: Barriers must be capable of resisting at least 200 lbs. of lateral force (per OSHA general industry guidelines).
   4. Visibility: All fencing shall be highly visible, using orange or yellow mesh, flagging, or reflective tape as needed for low-light conditions.
2. Signage Requirements in Lieu of Fencing
   At the discretion of the Fire Code Official, where fencing or physical barriers are not practical due to terrain or site conditions, warning signs may be used as an alternative to mark open holes, pits, trenches, or other fall hazards. In such cases, the following requirements shall apply:
   1. Signs must be constructed of durable, weather-resistant materials and shall be reflective to ensure visibility in low-light or nighttime conditions.
   2. Each sign shall be a minimum of 24 inches by 24 inches, or comparable in size and visibility to standard roadway hazard signs as defined by the Texas Manual on Uniform Traffic Control Devices (TMUTCD).
   3. The wording shall clearly indicate the nature of the hazard, using phrases such as “DANGER – OPEN PIT,” “FALL HAZARD,” or other approved warnings.
   4. Signs shall be posted at regular intervals around the hazard perimeter and placed at a height that ensures unobstructed visibility to approaching personnel (typically 4 to 5 feet above grade).
   5. The number and placement of signs shall be sufficient to provide clear warning from all accessible approaches.
   6. When trenches or pits are near burn operations, detour signage or barriers must guide personnel safely around them.
3. Hazardous Materials
   1. Flammable and Combustible liquids, compressed gases, combustible construction materials, waste containers/dumpsters, power generators shall be stored a minimum of 100 feet away from any burn pile
   2. Explosives, reactive materials, agricultural chemicals shall be stored a minimum of 300 feet away from any burn pile

Worker Awareness and Training Requirement

All personnel present at a work site operating under an active Commercial Burn Permit must be fully aware of, and understand, all requirements outlined in the burn permit conditions and associated safety plans. It is the sole responsibility of the permit holder to ensure that:

1. All workers, contractors, and site personnel involved in or near the burn operation have been properly trained on the specific conditions of the permit AND a daily safety briefing is given to all site workers prior to the ignition of piles.
2. Workers are notified of all relevant safety procedures, including but not limited to:
   1. Burn pile locations and clearances
   2. Uncontrolled Fire Response Plan
   3. Smoke management protocols
   4. Fall hazard and site access precautions
   5. Fire control and extinguishment methods
3. Documentation of this training and records of the daily safety briefing shall be maintained and made available upon request by the Fire Marshal’s Office or other authority having jurisdiction.

Failure to ensure worker awareness and compliance may result in suspension or revocation of the burn permit and could lead to enforcement action.

Burning Within 300 feet of an Adjacent Structure

In accordance with Texas Administrative Code 30 TAC Chapter 111, Subchapter B and the 2021 International Fire Code, open burning must be conducted downwind of or at least 300 feet from any structure containing sensitive receptors located on adjacent properties.

If the proposed burn location is less than 300 feet from an occupied structure on an adjacent property, a Sensitive Receptors Approval Form must be completed and submitted with the burn permit application.

This form must be signed by the occupant with possessory control of the adjacent property—that is, the person(s) who resides in, or actively occupies the structure. This may include the property owner(s), tenant(s), or other authorized individual(s). Burning is prohibited unless the documentation indicates the approval from the adjacent occupant.

Additionally, the adjacent occupant who provides approval reserves the right to rescind their consent at any time. If written approval is rescinded, the burn authorization may be modified, suspended, or revoked at the discretion of the Fire Marshal’s Office. It is the responsibility of the permit holder to remain in communication with affected neighbors and to notify the Fire Marshal’s Office of any changes to previously granted approvals.

Failure to provide or maintain valid written approval will result in denial, suspension, or revocation of the burn permit.

Acknowledgment of Responsibility and Liability

The issuance of this burn permit is contingent upon the agreement and understanding that the applicant, property owner, and/or responsible party shall comply with all applicable rules, regulations, and conditions outlined in the permit.

The applicant, property owner, and/or responsible party accept full responsibility and liability for ensuring compliance throughout the duration of the permitted activity.

Failure to adhere to these requirements may result in suspension or revocation of the permit, and may also lead to citations or other enforcement actions issued to any or all parties listed on the application.

Download Burn Permit Acknowledgements (Printable PDF)

Weather Conditions

No permits will be issued and all active permits will be suspended in the event of a county wide burn ban OR if winds are below 6 mph or above 23 mph, OR when temperature inversion conditions exist that trap smoke near the ground. 2021 IFC 307.1.1 & Texas 30 TAC Chapter 111, Subchapter B

Materials Burned

Electrical insulation, treated lumber, plastics, non-wood construction/demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical wastes, and items containing natural or synthetic rubber must not be burned. Texas 30 TAC Chapter 111, Subchapter B

Smoke Conditions

Burning shall be commenced and conducted only when wind direction and other meteorological conditions are such that smoke and other pollutants will not cause adverse effects to any public road, landing strip, navigable water, or off-site structure containing sensitive receptor(s). Texas 30 TAC Chapter 111, Subchapter B

Setback and Exposure Clearance

Burning must be conducted downwind of or at least 300 feet (90 meters) from any structure containing sensitive receptors located on adjacent properties unless prior written approval is obtained from the adjacent occupant with possessory control. Piles must be at least 50 feet from any combustible structures. Piles must be at least 50 feet from any overhead utility lines. Texas 30 TAC Chapter 111, Subchapter B & 2021 IFC

Flag Persons Required

If at any time the burning causes or may tend to cause smoke to blow onto or across a road or highway, it is the responsibility of the person initiating the burn to post flag-persons on affected roads. Texas 30 TAC Chapter 111, Subchapter B

Time Restrictions

The initiation of burning shall commence no earlier than one hour after sunrise.  Burning shall be completed on the same day not later than one hour before sunset, and shall be attended by a responsible party at all times during the active burn phase when the fire is progressing.  In cases where residual fires and/or smoldering objects continue to emit smoke after this time, such areas shall be extinguished if the smoke from these areas has the potential to create a nuisance or traffic hazard condition.  In no case shall the extent of the burn area be allowed to increase after this time. Brazos County Dispatch shall be contacted at 979-361-3888 prior to the beginning of the burn process each day of burning.  Texas 30 TAC Chapter 111, Subchapter B

Attendance

Burning shall be constantly attended until the fire is extinguished. Not fewer than one portable fire extinguisher complying with 2021 IFC Section 906 with a minimum 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization. 2021 IFC 307.5

Posting of Burn Permit

A copy of the burn permit is required to be posted on site and readily available at all times

Revocation of Burn Permit

The fire code official is authorized to order the extinguishment by the permit holder, another person responsible or the fire department of open burning that creates or adds to a hazardous or objectionable situation. 2021 IFC 307.3- COB Amendments

Responsibility for Consequences of Outdoor Burning

The authority to conduct outdoor burning under this regulation/permit does not exempt or excuse any person responsible from the consequences, damages, or injuries resulting from the burning and does not exempt or excuse anyone from complying with all other applicable laws or ordinances, regulations, and orders of governmental entities having jurisdiction, even though the burning is otherwise conducted in compliance with this regulation. Texas 30 TAC Chapter 111, Subchapter B