TITLE 4. AGRICULTURE

PART 13. PRESCRIBED BURNING BOARD

CHAPTER 228. PROCEDURES FOR CERTIFIED AND INSURED PRESCRIBED BURN MANAGERS

4 TAC §228.2

The Texas Prescribed Burning Board (PBB or Board), an independent board within the Texas Department of Agriculture (TDA or Department), adopts amendments to Title 4, Part 13, §228.2, of the Texas Administrative Code, pertaining to notification requirements prior to prescribed burns with changes to the proposal published in the October 26, 2018, issue of the Texas Register (43 TexReg 7025). The adopted amendments provide that residents, owners, occupants or operators of structures containing sensitive receptors must be given written notice by certified and insured prescribed burn managers prior to a prescribed burn.

The Department received no comments regarding the proposal.

The amendments are adopted under §12.016 of the Texas Agriculture Code, which authorizes the Department to adopt rules as necessary for the administration of its powers and duties; §153.041(a) of the Texas Natural Resources Code, which establishes the Prescribed Burning Board (Board) within the Department; §153.046(1), which states the Board shall establish standards for prescribed burning.

The codes affected by the adoption are Chapter 12 of the Texas Agricultural Code and Chapter 153 of the Texas Natural Resources Code.

§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 if they are located within 300 feet of and in the general direction downwind from the prescribed burn;

(2) provide the landowner or landowner's agent:

(A) proof of current 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) maintain the documentation required in paragraph (2) of this subsection on site at all times during a prescribed burn.

(b) Failure to comply with any of the notice requirements in subsection (a) of this section is a violation that may result in penalties under Chapter 4 of this title (relating to Prescribed Burning Board Enforcement Program).

(c) 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.

(d) It is strongly recommended that the certified and insured prescribed burn manager alert local officials by providing notice to the county sheriff's office and local fire authorities in proximity of the prescribed burn prior to burning.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 17, 2019.

TRD-201900147

Jessica Escobar

Assistant General Counsel

Prescribed Burning Board

Effective date: February 6, 2019

Proposal publication date: October 26, 2018

For further information, please call: (512) 463-4075