SECTION 228.2. Notifications Requirements Prior to Prescribed Burns

(a) Prior to conducting prescribed burn activities, a certified and insured prescribed burn manager must:

(1) provide written notification to the residents, owners, occupants or operators of structures containing sensitive receptors located within 300 feet of and in the general direction downwind from the prescribed burn;

(2) upon request, provide the landowner or landowner's agent:

(A) proof of insurance coverage applicable to the prescribed burn that meets the minimum requirements set forth in §227.1 of this title (relating to Minimum Insurance Requirements); and

(B) proof of current prescribed burn manager certification; and

(3) provide notice to the local county dispatch office and the Texas A&M Forest Service central dispatch office.

(b) In addition to the TCEQ notification requirements set forth at Title 30, Chapter 111, Subchapter B of the Texas Administrative Code (relating to Outdoor Burning), the certified and insured prescribed burn manager is also responsible for compliance with additional notification requirements for prescribed burns which may vary by county, including local ordinances.

Source Note: The provisions of this §228.2 adopted to be effective March 30, 2014, 39 TexReg 2280; amended to be effective February 6, 2019, 44 TexReg 475; amended to be effective May 25, 2023, 48 TexReg 2569