
Outdoor burning is now prohibited across unincorporated Bastrop County after commissioners adopted an emergency order on Monday, August 24, citing dry conditions that have sharply increased wildfire risk. The ban took effect at 5 p.m. that day and carries real teeth: violators could face a Class C misdemeanor and a fine of up to $500.
The order will remain legally enforceable through September 14, 2026, even if brief rain falls in the meantime, according to the Bastrop County Office of Emergency Management. As Community Impact reports, commissioners do have the authority to lift the ban earlier if conditions improve, but for now the restriction covers the entire unincorporated county. Fire departments may respond to any reported outdoor fire, and a peace officer can be dispatched to investigate suspected violations. A county map is available to help residents confirm whether their property falls under the restriction, per the same outlet's reporting.
How Dry Is Too Dry
The numbers behind the order are stark. Bastrop County's Keetch-Byram Drought Index reached 740 on Tuesday, according to data published by Water Data For Texas. That places the county deep within the 600–800 severe drought range, a threshold where intense, deep-burning fires with active spotting become likely. It's a scientific benchmark that helps explain why local leaders moved quickly to lock down open flames.
Bastrop County isn't alone. As of Monday, 190 of Texas's 254 counties had active countywide burn bans in place, according to the Texas Burn Ban Tracker. Neighboring Travis and Williamson counties were also under active bans as of that date, while adjacent Caldwell and Fayette counties had not enacted restrictions, per state tracking maps maintained by the Texas A&M Forest Service. The patchwork of orders shows how unevenly drought stress is hitting Central Texas even among counties that share a border.
Exemptions Built Into the Order
The ban isn't an absolute prohibition on every open flame. The City of Elgin notes that the county's order permits outdoor welding, cutting, or grinding operations if ground-wetting precautions are taken, food preparation using above-ground covered grills, burning specifically authorized by the Texas Commission on Environmental Quality, and operation of TCEQ-permitted air curtain incinerators.
The order also carves out room for more specialized activity. It allows commercial film studios to conduct outdoor special effects under local fire department oversight, according to the same city announcement, along with prescribed burns managed by certified burn managers or the Texas Parks and Wildlife Department. Those exemptions sit alongside a broader, standing rule: under Title 30 of the Texas Administrative Code, the Texas Commission on Environmental Quality already prohibits general outdoor burning statewide year-round unless specific statutory exceptions apply, regardless of whether a county emergency order is active.
The legal backbone for county-level bans comes from Texas Local Government Code Section 352.081, which empowers county commissioners courts and county judges to restrict or prohibit outdoor burning in unincorporated areas during drought or public safety hazards, according to North Texas e-News. That statute is what designates violations as Class C misdemeanors with fines up to $500.
A County Still Shaped by 2011
Bastrop County's caution around fire isn't abstract. The historic September 2011 Bastrop County Complex Fire burned over 32,000 acres, destroyed more than 1,600 homes, and killed two people, according to KVUE, remaining one of the most destructive wildfires in Texas history. More recently, Hoodline reported on neighbors defending a home during the 406-acre Spring Pine Fire in Bastrop State Park this spring, and covered the 2024 Hudson Fire that burned roughly 400 acres and triggered evacuation orders in the county.
The Bastrop County Office of Emergency Management is encouraging residents to sign up for WarnCentralTexas, a regional notification system operated by the Capital Area Council of Governments that sends targeted text, phone, and email alerts during wildland fires and other local emergencies. Whether the current ban will need to be extended beyond its September 14 expiration remains an open question, one that will likely hinge on whether late-summer heat and the lack of rainfall continue to push drought conditions further into dangerous territory.









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