Controlled burns

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A property owner in an unincorporated area of a county may conduct a controlled burn of a residence or structure on the property owner's property in the county if:

  1. (1) The property owner applies to the county judge of that county and the fire department that is responsible for providing fire protection services for the property for approval to conduct the controlled burn;

  2. (2) The application under subdivision (1) of this section is approved by the county judge and the fire department; and

  3. (3) Before the approval under subdivision (2) of this section, the property owner demonstrates to the county judge and the fire department that:

    1. (A) The property owner has complied with applicable state and federal environmental laws, rules, and regulations regarding asbestos abatement;

    2. (B) The property owner ensures that the residence or structure is free of asbestos-containing materials, is free of contents, and otherwise demonstrates compliance with applicable state and federal environmental laws, rules, and regulations regarding hazardous wastes; and

    3. (C) Provisions are made for the proper disposal of any remaining debris.


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