Burn Permit Application

Open Burning Requirements

  1. Fire shall be attended at all times.  Means of extinguishment or control must be provided on site.  A minimum of one portable fire extinguisher with a minimum of 4-A rating or other approved on-site equipment such as dirt, sand, water barrel, garden hose, water truck, or earth-mover shall be available for immediate utilization.
  2. A means of contacting the fire department must be available at the site during the burn.
  3. Burn only trees and brush.  Electrical insulation, treated lumber, plastics, non-wood construction/demolition materials, heavy oils, asphaltic materials, potentially explosive materials, chemical wastes, and items containing rubber shall not be burned.  
  4. Do not use flammable or combustible liquids to start the fire.  Use paper, kindling or a road flare to start the fire.  
  5. 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.        
  6. Burning shall not conducted when surface wind speed is predicted to be less than 6 mph or greater than 23 mph during the burn period.    
  7. Burning will not be authorized when weather conditions increase the risk of the fire extending beyond the scope (head advisories, red flag days, ozone action days, etc.).
  8. Be prepared to extinguish the fire if the winds pick up or the weather changes.  
  9. The permit will be in the custody of the person attending the fire.
  10. Minimum distance of 300 feet from any non-owned building, 100 feet from any building.  Minimum distance of 50 feet from any overhead power or communications line.  Minimum distance of 100 feet from any pipeline easement.  
  11. Notify the Victoria Fire Marshal’s Office at 361-485-3460 each day prior to the burn.
  12. The granting of a permit does not release permittee from any consequences or obligations.
  13. The permit may be revoked if complaints are received of any of the above requirements are not met.  



Selected Definitions and Sections of the 2021 International Fire Code


Open Burning – the burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.   Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses typically considered open flames, recreational fires or use of portable outdoor fireplaces.  For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.


Recreational Fire – As outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 2 feet or less in diameter and 2 feet or less in height for pleasure, religious, ceremonial, cooking, warmth, or similar purposes.


307.2 Permit Required – A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or bonfire.   Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled.  


307.3 Extinguishment Authority – Where open burning creates or adds to a hazardous situation, or a required permit for open burning has not been obtained, the fire code official is authorized to order the extinguishment of the open burning operation.


The Victoria Fire Marshal’s Office has the authority to approve or deny the request for a burn permit based on location, weather conditions, adjacent property use, potential for smoke to obstruct roadways, hazardous conditions, or environmental impacts.  This list is not inclusive.  


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