Fort Bend and Brazoria County Burn Bans: Can You Burn Brush From Land Clearing?
Not during a burn ban. In the unincorporated parts of both counties, a ban outlaws any burning outside an enclosure that holds every flame. Cities in Fort Bend County ban outdoor burning inside their limits, ban or no ban. With no ban, state rules still put tight limits on a land-clearing burn.
The clean way through a ban is to haul the brush off the land. On our land clearing jobs, trees, root balls and brush ride our trucks to our own green-waste dump site. This post sums up the county orders and the published rules of the Texas Commission on Environmental Quality, or TCEQ. It is not legal advice, so confirm your site with the county and TCEQ before any burn.
Who orders a burn ban in Fort Bend and Brazoria County?
The county does, under state law. Local Government Code 352.081 lets a commissioners court restrict outdoor burning in the unincorporated county. Fort Bend’s 2026 order cited that law and a drought finding by the Texas Forest Service. TCEQ does not issue or regulate burn bans.
In Fort Bend County, the fire marshal can recommend a ban during drought. The commissioners court then declares it by order. The 2026 order took effect at 5 pm on Thursday, August 27, 2026.
Brazoria County posted its 2026 ban on September 8, 2026, for the unincorporated areas. The notice cited the Keetch-Byram Drought Index, or KBDI. The county calls the KBDI a key measure of drought and wildfire potential. The countywide average had reached 576.
How long does a burn ban last?
Fort Bend’s order runs until it is rescinded. It can also end when the Forest Service finds the drought is over. It cannot run more than 90 days without the commissioners court’s consent. The county judge may sign an order lifting it after consulting the county fire marshal.
Brazoria ties the end to the drought index. The county judge may lift the ban once the countywide KBDI average stays below 450 for five consecutive days. Updates go on the county website.
What does a burn ban prohibit, and what is exempt?
Fort Bend’s order bars anyone from burning any material outside an enclosure. The enclosure has to contain all flames, sparks, embers, cinders and ash. The order counts a corporation as a person, so a company falls under it too. An open brush pile sits outside any enclosure.
Brazoria’s 2026 notice banned all outdoor burning, including open fires, debris burning and controlled burns. Enclosed barbecue pits and grills stayed legal. Open-flame fire pits were strictly prohibited.
Cooking is allowed when the fire stays inside the cooker. Brazoria’s fire marshal says open flame cooking can go on during a ban. The flames must be completely enclosed in the cooking device.
Fort Bend’s order exempts a short list of burns. TCEQ-authorized burns for firefighting training, public utility, pipeline or mining work, and planting or harvesting crops are exempt. So are burns by a certified and insured prescribed burn manager. Land clearing is not on the list.
What is the penalty for burning during a burn ban?
In Fort Bend County, breaking the order is a Class C misdemeanor with a fine of up to $500. Peace officers enforce it. With commissioners court approval, fire marshal officers can write citations too.
Brazoria County also makes a violation a Class C misdemeanor punishable by a fine. TCEQ’s guide adds a warning that outlasts any ban. The party responsible for a burn stays liable for damages and injuries, even when the burn follows the rules.
How do Fort Bend and Brazoria burn bans compare?
Here are the two counties side by side. Their 2026 orders serve as dated examples.
| Fort Bend County | Brazoria County | |
|---|---|---|
| Who orders it | Commissioners court, under Local Government Code 352.081 | County order for the unincorporated areas |
| What is banned | Burning any material outside an enclosure that contains all flames, sparks, embers, cinders and ash | All outdoor burning, including open fires, debris burning and controlled burns |
| How it ends | Rescinded, and never more than 90 days without the commissioners court’s consent | County judge may lift it once the KBDI average stays below 450 for five consecutive days |
| Penalty | Class C misdemeanor, fine up to $500 | Class C misdemeanor, fine |
| 2026 example | Took effect 5 pm, August 27, 2026 | Posted September 8, 2026, with the KBDI at 576 |
Can you burn land-clearing brush when there is no burn ban?
Sometimes, under TCEQ’s outdoor burning rule. TCEQ defines land clearing as uprooting, cutting or clearing vegetation for building and development. It also covers clearing to improve property value, access or production. The same clearing work can also fall under TCEQ’s stormwater permit rules.
Both counties sit in TCEQ’s Houston-Galveston-Brazoria ozone nonattainment area. In nonattainment counties, TCEQ’s guide allows burning plant growth only from right-of-way upkeep, land clearing or canal upkeep. No practical alternative to burning can exist. The guide says to confirm your county’s status with the TCEQ regional office.
A land-clearing burn must also meet TCEQ’s general requirements:
- Burn outside city limits, unless a city ordinance allows the burn.
- Burn downwind of, or at least 300 feet from, any building on the next property that holds people or livestock. Prior written approval from that neighbor lifts this limit.
- Start no earlier than one hour after sunrise. Finish the same day, no later than one hour before sunset, and attend the active burn.
- Hold off when the wind is forecast under 6 mph or over 23 mph.
- Hold off during persistent low-level temperature inversions.
- Never burn electrical insulation, treated lumber, plastics or non-wood construction and demolition materials.
Brazoria County adds its own line. With no ban, residents may burn limbs, leaves and straw that came from their own property. A lawn care business may not bring a client’s trimmings home and burn them.
Fort Bend’s fire marshal does not issue outdoor burning permits in the unincorporated county. Questions go to TCEQ and Fort Bend County Environmental Health Enforcement. The county’s free booklet, A Citizen’s Guide to Outdoor Burning, comes in English and Spanish.
What about an air-curtain incinerator?
An air-curtain incinerator, also called a trench burner, can dispose of brush with minimal emissions. TCEQ’s Air Permits Division has to authorize the device before it is built at a burn site. During a ban, ask the county fire marshal before running one.
How do you check today’s burn ban status?
Check the county before you strike a match, because a ban starts and ends with the drought. Fort Bend’s fire marshal lists the current county status on its outdoor burning page. That page also links a Texas drought index map.
Brazoria County posts burn ban updates on its website and keeps a Burn Ban Status page. Statewide, the Texas Forest Service keeps a list of outdoor burn bans in Texas. Inside a city, check with city hall.
How do we handle brush on a land clearing job during a ban?
We clear with large excavators and dozers and pull the root balls out with the trees. Trees, root balls and brush load into our trucks and ride to our own green-waste dump site. The site takes the debris from our own clearing jobs. Nothing waits on a burn window, so a burn ban does not stop the work.
A fleet of tandem dump trucks carries the debris, the same trucks behind our dump truck hauling work. Owning the dump site keeps the schedule ours.
With the roots out, the ground is ready for site prep and a building pad. The pad work can start on clean ground.
Our post on land clearing cost per acre in Texas covers how brush density and acreage move the price. A firm number comes from the tract itself.
We clear across southeast Fort Bend County and into Brazoria County, including the country around Rosharon. The haul plan stays the same in both counties.
Planning to clear a tract in Fort Bend or Brazoria County? Call (281) 750-6510, and we will look at the land and plan the clearing and the haul.