For centuries, fire has been a natural and essential part of Texas ecosystems. Before modern fire suppression, grasslands and forests across the Southeast and into Texas grasslands burned routinely—some every 2 to 10 years. These natural fire regimes kept resprouting trees and understory brush in check, enhanced wildlife habitat, and sustained resilient, productive rangelands.
But decades of fire suppression have come at a cost. Without fire, woody plants like ashe juniper and eastern redcedar creep across pastures. Native grasses struggle to compete and are choked out. Wildlife habitat declines due to unbalanced monocultures and loss of species richness. And volatile fuel builds up, making wildfires hotter, longer,, and harder to control.
So, what can landowners do? The answer lies in inviting back fire—carefully, intentionally, and legally.
Prescribed burning is the planned use of fire under specific conditions, ideally, to mimic natural fire regimes. It’s one of the most cost-effective and ecologically sound ways to manage rangelands. Fire improves quality and quantity of forage for livestock, balances native plant communities, and helps prevent catastrophic wildfires.
Yet despite its benefits, prescribed fire remains underused with limited adoption. The biggest barrier? Liability.
In the United States, liability laws vary by state, and they directly affect how willing landowners are to put fire on the ground:
- Strict liability: Landowners are responsible for any damages, even if all precautions were taken. Only a handful of states follow this standard.
- Simple negligence: The most common standard—including Texas—requires proof that the burner acted carelessly for liability to apply.
- Gross negligence: Found in states like Florida and Georgia, this higher threshold means landowners are only liable if they recklessly disregard safety requirements.
Research shows that states with gross negligence laws burn more acres per year than states under simple negligence. In other words, lowering liability concerns encourages more landowners to use prescribed fire safely (Treadwell, M, 2022).
One of the most effective ways to expand prescribed fire in Texas is through Prescribed Burn Associations (PBAs). These cooperatives of landowners pool labor, equipment, and knowledge to safely plan and execute burns.
PBAs:
- Provide hands-on training and safety guidance
- Share costs, including liability insurance
- Advocate for landowner rights to use fire as a management tool
Functioning rangelands with loads of plant diversity depend on fire. Without it, we face declining forage productivity, reduced wildlife habitat, and greater wildfire risks. By addressing liability laws, supporting PBAs, and educating landowners, we can return fire to its rightful place as a powerful rangeland management tool.
Prescribed burning isn’t just about improving pastures—it’s about ensuring livelihoods, conserving wildlife, and preserving the resilience of Texas rangelands for generations to come.
Want to learn more? Read the full publication – Legal Barriers to Prescribed Burning and visit the Prescribed Burn Alliance of Texas for resources, training, and local burn association contacts.
Treadwell, M., Wonkka, C., Rogers, W., & Kreuter, U. (2022). Agrilife. West Texas Rangelands. https://agrilife.org/westtexasrangelands/files/2023/08/Legal-barriers-to-prescribed-burning.pdf