Ord 15-2025 Amend Ch. 50 Art. V Outdoor Burning in Code of Ordinances 03/18/2025 Ordinance No. 15-2025
Ordinance amending Chapter 50 of the Code of Ordinances by
amending Article V Outdoor Burning; providing for severability; and
setting an effective date
WHEREAS, Wichita Falls is experiencing growth and development in areas that
were once rural; coupled with the increase in the occurrence of wildfires it is essential to
partner with landowners to effectively mitigate the potential for devastating wildfires; and,
WHEREAS, it is in these areas where development meets vegetation or the
wildland urban interface that the greatest risk to public safety and property from wildfire
exists; and,
WHEREAS, Wildfires in and around the City of Wichita Falls area historically have
caused significant damage to homes, property, and natural resources; and,
WHEREAS, one of the most effective ways to mitigate the dangers that wildfire
poses to the residents and natural resources of the City of Wichita Falls is with the use of
controlled "outdoor burning".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
ARTICLE V— OUTDOOR BURNING
1 . The Code of Ordinances of the City of Wichita Falls, Texas, be amended by
amending Chapter 50 Fire Prevention and Protection, Article V Outdoor Burning, Section
50 to read as follows:
Sec. 50-110 Burning prohibited unless pursuant to permit issued by Fire Chief.
(a) It shall be unlawful for any person to burn municipal solid waste or yard waste within
the city limits.
(b) The Fire Chief may issue, to a property owner, a permit to burn trees and brush as
part of a project of an approved Community Wildfire Protection Plan or other fire mitigation
projects approved by the Fire Chief. Additionally, such a permit may be issued to the
owner of a property exceeding 50 acres within the city or property located in the floodway
(as depicted on the flood insurance rate map issued by the Federal Emergency
Management Agency). All such permits must be conditioned on compliance with the
requirements of the Fire Chief that are shown on the face of said permit and the following
provisions:
(1) Any open burning shall occur at least 500 feet from any residence;
(2) Any open burning shall occur only on the day and time and exact locations
shown on the face of the permit;
(3) All open burning shall be closely supervised on the site of the burning by
personnel equipped to promptly extinguish all fires started pursuant to the permit;
(4) All open burning shall be conducted in compliance with all state requirements
concerning air pollution, including, but not limited to, title 30, Environmental
Quality, TAC section 111.219(3), (4), (6), and (7) (30 TAC sec. 111.219(3), (4), (6),
(7)); and
(5) Open burning material shall consist only of trees, brush, grass, leaves, branch
trimmings; and other plant growth generated from the property upon which the
burning is occurring.
(c) The fire chief may refuse to issue a permit to burn trees and brush if the fire chief
determines that open burning pursuant to said permit will pose an unreasonable risk of
conflagration, danger to neighboring property, air pollution, or other danger to health or
safety.
(d) It shall be a defense to prosecution for a violation of this section and the open burning
provisions of the fire code adopted by this code, including section 307 of the fire code,
that a person was burning in compliance with all conditions of a permit to burn trees and
brush issued pursuant to this section.
(e) This section and the remainder of this code is found to be consistent with the Texas
Clean Air Act (see Texas Health and Safety Code ch. 382, subch. E, Authority of Local
Governments) and title 30, Environmental Quality, TAC section 111.219(3), (4), (6) and
(7) (30 TAC sec. 111.219(3), (4), (6), (7)).
2. If any section, subsection, sentence, clause, phrase, or word of this ordinance is
for any reason held to be unconstitutional, invalid, or unenforceable by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance, which shall continue in full force and effect.
3. This ordinance shall become effective on April 18, 2025
PASSED AND APPROVED this the 18th day of March 2025.
MAYOR
ATTEST:
B
City Clerk