Sec. 11.353. GENERAL AND SPECIFIC PLAN REQUIREMENTS. (a) The commission by rule shall adopt and shall require the department to implement a general plan for the use of beneficial prescribed burns in the management of department land. The general plan must include standards that meet or exceed the standards for a prescribed burn set out in Section 153.047, Natural Resources Code.
(b) The general plan must include variations as needed for different areas of the state.
(c) The general plan must be reviewed by the Prescribed Burning Board within the Department of Agriculture.
(d) The department may not conduct a prescribed burn under this subchapter before the general plan has been adopted by the commission.
(e) For a particular prescribed burn, a site-specific plan tailored to the designated area must be completed and approved by a person designated by the director to review prescribed burn plans. In addition to any site-specific information required under the general plan, a site-specific plan must include:
(1) the planned start and end dates of the prescribed burn;
(2) a map of the designated burn area, including the location of any utility infrastructure within the designated burn area;
(3) the names and contact numbers for:
(A) the prescribed burn manager;
(B) the nearest fire departments or emergency service providers; and
(C) all landowners whose property neighbors the designated burn area; and
(4) written documentation that applicable prescribed burn notification and approval requirements of the Texas Commission on Environmental Quality have been met.
Added by Acts 2015, 84th Leg., R.S., Ch. 345 (H.B. 801), Sec. 1, eff. June 9, 2015.
Structure Texas Statutes
Title 2 - Parks and Wildlife Department
Chapter 11 - Parks and Wildlife Department
Subchapter M. Prescribed Burns
Section 11.353. General and Specific Plan Requirements
Section 11.354. Notice Requirements
Section 11.357. Limitation on Amount of Liability
Section 11.358. Application of Tort Claims Act
Section 11.359. Waiver of Governmental Immunity; Permission to Sue