# Can you burn brush in Collin and Denton County?

> Can you burn brush in Collin and Denton County? TCEQ nonattainment rules, city burn permits, how county burn bans work, and the alternatives to burning.

URL: https://homesteadlandclearingfrisco.com/guide/burning-brush-collin-denton-county/

Sometimes, but burning brush in Collin and Denton County is the exception. Both counties sit in the Dallas-Fort Worth ozone nonattainment area, where TCEQ allows burning land-clearing debris only when no practical alternative exists. Cities add their own permits or bans, Princeton prohibits land-clearing burns outright, and a county burn ban stops burning in unincorporated areas entirely.

So the answer depends on where the land is, what is being burned and the week you ask. This guide from [Homestead Land Clearing](https://homesteadlandclearingfrisco.com/) explains the state rule, each city's approach where it has been published, how county burn bans work, and the alternatives most clearing jobs use instead.

<KeyTakeaways items={["Collin and Denton are in the DFW ozone nonattainment area, so state rules allow land-clearing burns only when no practical alternative exists.", "TCEQ conditions include 300 feet from occupied neighboring structures, wind between 6 and 23 mph, and daylight hours.", "Cities differ sharply: Frisco permits only to the landowner, Celina only on 2 acres or more, Princeton not at all.", "County burn bans are temporary Commissioners Court orders. They last up to 90 days per order and can be renewed.", "Mulching in place, chipping and hauling are the usual answers, and they avoid smoke from poison ivy."]} />

## Is it illegal to burn brush here?

Not always illegal, but tightly limited. The Texas Commission on Environmental Quality lists Collin and Denton counties in the Dallas-Fort Worth ozone nonattainment area under both the 2008 and 2015 federal ozone standards. In a nonattainment county, TCEQ's outdoor burning rule, 30 TAC 111.209, allows on-site burning of trees, brush, grass, leaves, branch trimmings and other plant growth for land clearing and right-of-way maintenance only when no practical alternative to burning exists. The material has to have grown on that property. No TCEQ notification is required, but every burn has to meet the general conditions in 111.219.

"No practical alternative" carries weight. Around Frisco, mulching, chipping and hauling are usually practical, which is why burning is rarely the plan for a residential or commercial clearing job.

## The state conditions every burn must meet

Under 30 TAC 111.219, a permitted land-clearing burn must:

- Be outside city limits unless a local ordinance allows it
- Sit downwind of, or at least 300 feet from, off-site structures with people in them, unless they agree in writing
- Start no earlier than one hour after sunrise and be out no later than one hour before sunset on that day
- Be attended at all times
- Not happen when wind is forecast under 6 mph or over 23 mph, or during persistent low-level inversions
- Use flag persons if smoke drifts onto a road
- Burn only natural plant material: no treated wood, plastics, rubber or similar materials

Those conditions alone rule out burning on most small lots, because 300 feet from every neighboring occupied building is a long way in a suburb.

## City rules, town by town

Inside city limits, the city's fire code decides whether burning is possible at all. The table summarizes each city's published rules for land-clearing debris.

| City | Published rule | Key conditions |
|---|---|---|
| Frisco | Permit from the fire code official, issued only to the landowner | 300 ft from any structure (25 ft only for piles 3 ft across and 2 ft high or smaller); trench burns in air curtain trenches |
| [Celina](https://homesteadlandclearingfrisco.com/service-areas/celina/) | Permit, $100 per burn | Parcels of 2 acres or more only; 300 ft from any structure; no smoke onto roads |
| [Prosper](https://homesteadlandclearingfrisco.com/service-areas/prosper/) | Permit with a $150 refundable deposit per burn | Expires 15 days after issue; no burning in wind over 15 mph; written Fire Department approval to burn removed trees, stumps or foliage |
| [Little Elm](https://homesteadlandclearingfrisco.com/service-areas/little-elm/) | Annual permit, $25 | Burn only on a Denton County burn day |
| [Aubrey](https://homesteadlandclearingfrisco.com/service-areas/aubrey/) | Permit after a site inspection; residential free, commercial $2,000 | Valid on the day issued (commercial seven days); 300 ft from structures, or 50 ft with the neighbor's notarized approval; wind 6 to 20 mph |
| [Princeton](https://homesteadlandclearingfrisco.com/service-areas/princeton/) | Not allowed | The City prohibits burning to clear land of trees, stumps, shrubbery or other vegetation |
| [Lucas](https://homesteadlandclearingfrisco.com/service-areas/lucas/) | No burn permits issued | Small piles only, 3 ft across and 2 ft high or less, natural branches from the property, 25 ft from the property line, no county burn ban |
| [Fairview](https://homesteadlandclearingfrisco.com/service-areas/fairview/) | Fire Marshal permit, tracts of 10 acres or more | Natural vegetation only; 300 ft from structures, 25 ft from property lines; no burning on ozone alert days, before 8 a.m. or after 5 p.m. |

Sources: each city's fire department or code of ordinances. Lucas stopped issuing burn permits after learning Collin County is in a nonattainment area, according to Lucas Fire-Rescue. [Oak Point](https://homesteadlandclearingfrisco.com/service-areas/oak-point/) allows burning clearing debris on the property where it grew without a permit, but only on county-approved days, after notifying the City, and never with imported brush. Rules change when cities adopt new fire codes, so confirm with the fire department before planning a burn.

## Unincorporated Collin and Denton County

Outside city limits, the counties take different approaches.

The [Collin County](https://homesteadlandclearingfrisco.com/service-areas/unincorporated-collin-county/) Fire Marshal states that no county office can give permission for outdoor burning. Only TCEQ's exceptions apply, and the owner is responsible for meeting them. Illegal burning is reported to TCEQ's regional office.

[Denton County](https://homesteadlandclearingfrisco.com/service-areas/unincorporated-denton-county/) decides burn days each morning. The Fire Marshal makes the daily call, residents check it by phone or online, and owners must register for open burning before they burn. Brush, timber and yard trimmings are acceptable materials on an approved day.

## How county burn bans work

A county burn ban is an order from the Commissioners Court under Texas Local Government Code 352.081. The court can prohibit or restrict outdoor burning in unincorporated areas when drought conditions exist or when it finds a public safety hazard that burning would worsen. On the county's request, the Texas A&M Forest Service determines whether drought conditions exist, using the Keetch-Byram Drought Index or a similar measure, and tells the county when they end.

Each order can last no longer than 90 days after adoption, but the court can adopt a new order that starts when the old one expires, so a ban can run for months. Bans tend to arrive in dry late summers and lift after rain. Denton County has enforced bans as a Class C misdemeanor with fines up to $500.

Because status changes, this guide does not state whether a ban is in effect. Check the current order on the county website and the Texas A&M Forest Service burn ban map before any burn.

## What not to burn, and why poison ivy matters

TCEQ's rule allows only natural plant growth. Treated lumber, old fence posts with preservative, plastics, tires, wire-wrapped debris and construction waste are off limits, and they turn up inside overgrown brush more often than owners expect.

Poison ivy is a separate hazard. The CDC's National Institute for Occupational Safety and Health warns that smoke from burning poison ivy can cause lung irritation and advises against burning it. Fence lines and creek edges in North Texas are often tangled with it, so a brush pile that includes vines is a poor candidate for burning even where burning is legal.

## The alternatives most jobs use

Burning sounds cheap until permits, distances, wind, burn bans and neighbors are counted. The practical alternatives:

- **Mulch in place.** A forestry mulcher leaves the material as a surface layer that protects bare soil. See [forestry mulching](https://homesteadlandclearingfrisco.com/forestry-mulching/).
- **Chip.** Chipped material can be spread or hauled more compactly. In Frisco, trees cut under a tree permit must be chipped and used on site or hauled off within 72 hours.
- **Haul.** Brush and limbs go to the City of Plano's Custer Road yard-waste facility, which Frisco shares, at $22 per cubic yard with a $66 minimum. North Texas Municipal Water District lists $80 per ton at its transfer stations and $52 per ton at the 121 Regional Disposal Facility, each with a one-ton minimum.

The [land clearing debris removal](https://homesteadlandclearingfrisco.com/land-clearing-debris-removal/) page covers each route, and the [cost per acre guide](https://homesteadlandclearingfrisco.com/guide/land-clearing-cost-per-acre/) shows how disposal fits a budget. For rural homes worried about dry brush, the post on [fire breaks around rural homes](https://homesteadlandclearingfrisco.com/blog/fire-breaks-around-rural-homes/) covers defensible space.

## Planning the debris before the clearing

Checking burn options is part of step two in Homestead Land Clearing's process, alongside the tree permit, creek and floodplain limits and utility locates. The written scope then names where every part of the debris goes, before a price, so a burn ban in the middle of the job does not leave piles with nowhere to go. The work is done by licensed and insured contractors.

[Contact Homestead Land Clearing](https://homesteadlandclearingfrisco.com/contact/) with the address, or read the [guide to clearing land in North Texas](https://homesteadlandclearingfrisco.com/guide/clearing-land-in-north-texas/) for the full process.

## Frequently asked questions

### Can a clearing contractor pull the burn permit for my land in Frisco?

No. The City of Frisco Fire Prevention Office says applications are accepted only from, and permits are issued only to, the landowner. The burn site must also be at least 300 feet from any structure, unless the pile is tiny. A contractor can tend a permitted fire, but the permit and the responsibility stay with the owner.

### Can I burn brush hauled in from another property?

Not under the land clearing exception. TCEQ's rule for nonattainment counties allows burning trees, brush and other plant growth only when it was generated on the property where it is burned. Oak Point's code repeats the point and bars imported brush. Debris brought from elsewhere has to be chipped, mulched or taken to a disposal site.

### Does a county burn ban apply inside city limits?

A county burn ban order covers the unincorporated parts of the county. Cities run their own fire codes, and many already restrict or prohibit open burning. Some cities write the county ban into their own rules: Aubrey's code says county burn bans bind the city, and Oak Point puts all burning on hold during a county or mayoral ban.