Verify before you burn. Burn ban status changes with drought conditions and can be issued or lifted on short notice. This page was last reviewed in July 2026 and is general reference only. Confirm current status with the Kaufman County Fire Marshal's Office, or with your city if the property is inside city limits, before you light anything.
Do you need a permit to clear your own land?
For the clearing itself, in unincorporated Kaufman County, generally no. Texas does not license land clearing as a trade and the county does not require a clearing permit for a property owner removing brush and trees from their own land. Three situations change that answer:
- You are inside city limits. Terrell, Forney, Kaufman, Crandall, Mabank, and Kemp each set their own rules. Several have tree preservation ordinances, land disturbance thresholds, or floodplain review that apply to lots inside the city. One phone call to the city development or planning office settles it.
- You plan to burn the debris. This is the big one and it is covered below.
- The work touches a creek, wetland, or regulated floodplain. Clearing near Cedar Creek tributaries, the East Fork Trinity, or mapped floodplain can trigger county or federal review. Check before, not after.
The burn permit rule that surprises people
In the unincorporated areas of Kaufman County, outdoor burning requires an operational permit from the Fire Marshal's Office — and holding the permit is not enough. The permit has to be activated on the day you intend to burn, by calling or texting the Fire Marshal's activation line. That is the step most people miss.
Activation is refused, and an already-activated permit can be cancelled mid-day, when any of these apply:
- A county burn ban is in effect
- A red flag warning has been issued
- Surface winds are outside the allowable range
- Atmospheric conditions would trap smoke near the ground
Practically, that means you cannot schedule a burn day in advance with any confidence. A crew that plans to pile and burn five acres of debris is planning around a permission that may not exist on the morning they need it. This is the single strongest argument for mulching in this county: the mulch mat needs no permission from anyone.
Standing outdoor burning rules, ban or no ban
Even with an activated permit and no ban, Texas Commission on Environmental Quality rules and county rules still apply. In summary form:
- Burning must finish the same day, no later than one hour before sunset — keep piles small enough that this is achievable
- Surface winds must be within the allowable band, roughly 6 to 23 mph
- No burning during temperature inversions, when smoke settles instead of rising
- A responsible adult must attend the fire at all times, with a means of extinguishing it on hand
- Household waste must be burned in a barrel with a mesh spark screen, never on open ground
- Call 911 immediately if the fire escapes control
What is never legal to burn
Regardless of ban status or permits: treated lumber, electrical insulation, plastics, non-wood construction and demolition debris, heavy oils, asphalt materials, natural or synthetic rubber including tires, chemical waste, and potentially explosive material. These go to an approved solid waste disposal site. Penalties under the Clean Air Act provisions are substantial, and illegal dumping charges for burning household waste on open ground scale from Class C to felony depending on volume.
Relevant numbers. Kaufman County Fire Marshal's Office: 469-376-4122. Burn permit activation line (call or text on the day of the burn): 469-595-8899. Verify both before relying on them — county contact information changes.
Legal ways to get rid of cleared debris
Four options, in rough order of how often they make sense here.
| Method | Permit needed | Relative cost | Notes |
|---|---|---|---|
| Mulch in place | None | Included in mulching | Chip mat suppresses regrowth, controls erosion, breaks down over 1–3 years |
| Chip and spread | None | Low | Chipper on stems; works for smaller volumes and cleaner finish than mulching |
| Haul to disposal site | None | High | Trucking plus tipping fees; scales badly with acreage |
| Pile and burn | Activated county permit | Low when permitted | Unavailable during bans, red flag warnings, and high wind; leaves ash and a scar |
City limits: check before you clear a lot
Kaufman County's growth means a lot of clearing now happens on lots that were county land a few years ago and are now inside or adjacent to city limits. Annexation moves the goalposts. If your property has a city address, assume city rules apply until you confirm otherwise. The questions worth asking the city are short:
- Is there a tree preservation or heritage tree ordinance, and what caliper triggers it?
- Is a land disturbance or grading permit required above a certain square footage?
- Is any part of the parcel in a mapped floodplain or drainage easement?
- Is open burning allowed inside city limits at all? In most Texas cities the answer is no, independent of county permits.
Practical planning advice
Assume you will not be able to burn. Build the budget and the schedule around mulching or haul-off, and treat a burn window as a bonus if the permit activates. That single assumption removes the most common source of delay on Kaufman County clearing jobs, and it is why most local operators default to a mulcher.
Common questions
Is there a burn ban in Kaufman County right now?
Status changes with drought conditions. Kaufman County has issued and lifted bans repeatedly in recent years, sometimes within the same season. Check with the Kaufman County Fire Marshal's Office or the Texas A&M Forest Service burn ban map for current status. This page cannot tell you today's answer.
Can I burn brush inside Terrell or Forney city limits?
Assume no. Most Texas cities prohibit open burning within city limits regardless of whether the county is under a ban, and a county burn permit does not override a city ordinance. Call the city fire marshal before planning a burn on an in-town lot.
What happens if I burn without an activated permit?
Violations can be charged under the burn ban ordinance as a Class C misdemeanor, and separately under Clean Air Act provisions with fines that run into the thousands for individuals and higher for businesses. Burning household waste on open ground rather than in a screened barrel can also be charged as illegal dumping, which scales by volume.
Do I need a permit to remove trees on my own acreage?
In unincorporated Kaufman County, generally no. Inside city limits it depends on the city's tree ordinance and the size of the trees. Utility easements, pipeline right-of-way, and deed restrictions in newer acreage subdivisions can also restrict removal independent of any government permit.