- Outdoor burning inside the city limits of Midlothian is evaluated and approved by the Midlothian Fire Marshal's Office and regulated by Texas Commission on Environmental Quality (TCEQ), International Fire Code, and City of Midlothian requirements. This allows us to track outdoor burning and provide information regarding safety requirements, unsafe weather conditions, and burn ban status.
- If you live inside the city limits of Midlothian, you shall contact the Fire Marshal’s office (972-775-7662) for authorization and a burn permit prior to outdoor burning. Burn permits are issued Monday - Friday from 8:00am - 5:00pm. Currently, there is no fee for burn permits and they are only valid for the day issued. City residents wanting to burn on weekends shall obtain a burn permit during regular business hours. Unauthorized burning inside the city limits is subject to a fine of up to $1,000.
- Approval for outdoor burning in Emergency Services District #2 (ESD#2), which is the Ellis County area outside of the city limits of Midlothian, shall be obtained from the Ellis County Sheriff's Office (972-937-6060) or Ellis County Fire Marshal's office (972-825-5555). Persons wishing to burn in ESD#2 are requested to notify the Midlothian Fire Marshal's office or NEED Dispatch (972-775-3333) so the location of the outdoor burning can be logged.
- Per TCEQ requirements, garbage/trash, electrical insulation, treated lumber, plastics, non-wood construction/demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical wastes, tires, furniture, and items containing natural or synthetic rubber shall not be burned. These are violations of Texas Water Code Chapter 7, Section 7.177 "Violations of Clean Air Act" and are subject to a fine of $1,000 to $50,000 and/or confinement of up to 180 days.
Items 1-10 below are requirements for outdoor burning inside the City Limits:
- Outdoor burning shall not commence nor continue if the wind speed is ten (10) mph or greater. Outdoor burning is not allowed on ozone action days, when "HIGH" fire weather threat index (Red Flag Day) is forecasted, or when a burn ban is in effect.
- All outdoor burning shall be constantly attended by one or more persons until the fire is fully extinguished.
- Attendants shall have water, fire extinguishers, and/or equipment capable of preventing the spread of fire on site until the fire is extinguished.
- The location for outdoor burning shall not be less than 50 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure.
- Outdoor burning is allowed from one hour after sunrise to one hour before sunset the same day. All fires and burning materials shall be fully extinguished one hour before sunset.
- Brush piles shall not be more than ten (10) feet in diameter or six (6) feet in height. Larger brush piles shall be divided into smaller piles prior to burning. Only trees, brush, grass, leaves, branch trimmings, or other plant growth may be burned on the property on which the material grew. Material shall not be transported to the site from another location.
- Accumulations of brush/trees from land clearing for development shall be chipped or trench burned utilizing an approved Air Curtain Incinerator. Contact the Fire Marshal's office for a site evaluation and approval prior to trench burning.
- If any complaints are received regarding the outdoor burning being a nuisance or creating a traffic hazard, the burn permit will be revoked and we will respond to the site and assist the attendant in extinguishing the fire.
- Recreational fires (campfires) for pleasure, cooking or warmth do not require a permit as long as they are contained in incinerators, outdoor fireplaces, portable outdoor fire places or barbeque grills/pits with a total fuel area of three (3) feet or less in diameter and are two (2) feet or less in height. Recreational fires shall not be conducted within 25 feet of structures or combustible materials and shall be attended at all times.
- Sky Lanterns. A person shall not release or cause to be released an unmanned free-floating device(s) containing an open flame or other heat source, such as but not limited to a sky lantern.
The authority to conduct outdoor burning under these regulations 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 these regulations.