Outdoor Burning
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Spring Wildfire Season in Virginia
February 15 - April 30
Fall Wildfire Season in Virginia
October 15 to November 30
The Commonwealth's 4 p.m. Burning Law goes into effect Feb. 15 - the start of spring fire season in Virginia.
This law prohibits burning before 4 p.m. each day (Feb. 15 - April 30) if the fire is in, or within 300 feet of, woodland, brushland or fields containing dry grass or other flammable materials.
A violation of this law is a Class 3 misdemeanor punishable by up to a $500 fine. In addition to the criminal violation, those who allow a fire to escape are liable for the cost of suppressing the fire as well as any damage caused to others’ property.
- Clear a safety zone that is wide enough to prevent the escape of the fire.
- Keep a supply of water and a rake or shovel readily accessible.
- DO NOT leave a fire unattended (State Law year round).
- If a fire does escape, call 911 immediately.
- Burn after 4 p.m. (State Law February 15 through April 30 of each year). The law applies to campfires, warming fires, brush piles, household trash,stumps, fields of broomstraw and brush or anything capable of spreading fire. The law provides for a penalty of up to $500, plus payment of court costs and fire suppression costs if the fire escapes. Read more about the
- 4 p.m. Burn Law from the Code of Virginia.
- Burn when the wind is calm.
- Obey forest fire laws and air pollution regulations.
Sec. 18-83. Prohibitions on open burning.
(a) No owner or other person shall cause or permit open burning or the use of a special incineration device for the destruction of refuse except as provided in this article.
(b) No owner or other person shall cause or permit open burning or the use of a special incineration device for the destruction of rubber tires, asphaltic materials, crankcase oil, impregnated wood or other rubber or petroleum based materials except when conducting bona fide firefighting instruction at firefighting training schools having permanent facilities.
(c) No owner or other person shall cause or permit open burning or the use of a special incineration device for the destruction of hazardous waste or containers for such materials.
(d) No owner or other person shall cause or permit open burning or the use of a special incineration device for the purpose of a salvage operation or for the destruction of commercial/industrial waste.
(e) Open burning or the use of special incineration devices permitted under the provisions of this ordinance does not exempt or excuse any owner or other person from the consequences, liability, damages or injuries that may result from such conduct; nor does it excuse or exempt any owner or other person from complying with other applicable laws, ordinances, regulations and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliance with this article. In this regard special attention should be directed to section 10.1-1142 of the Forest Fire Law of Virginia, the regulations of the Virginia Waste Management Board, and the State Air Pollution Control Board's regulations for the control and abatement of air pollution.
(f) Upon declaration of an alert, warning or emergency stage of an air pollution episode as described in 9 VAC 5 Chapter 70 (9 VAC 5-70) or when deemed advisable by the State Air Pollution Control Board to prevent a hazard to, or an unreasonable burden upon, public health or welfare, no owner or other person shall cause or permit open burning or use of a special incineration device; and any in process burning or use of special incineration devices shall be immediately terminated in the designated air quality control region.
(Ord. No. 02-07 (§ 000-4), 2-8-07)
The following activities are exempted to the extent covered by the State Air Pollution Control Board's regulations for the control and abatement of air pollution:
(1) Open burning for training and instruction of government and public firefighters under the supervision of the designated official and industrial in-house firefighting personnel;
(2) Open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers;
(3) Open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack;
(4) Open burning for forest management and agriculture practices approved by the State Air Pollution Control Board; and
(5) Open burning for the destruction of classified military documents.
(Ord. No. 02-07 (§ 000-5), 2-8-07)
Sec. 18-85. Permissible open burning.
(a) Open burning is permitted on-site for the destruction of leaves and tree, yard and garden trimmings located on the premises of private property, provided that the conditions are met:
(1) The burning takes place on the premises of the private property; and
(2) The location of the burning is not less than 300 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; and
(b) Open burning is permitted on-site for destruction of debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other clearing operations that may be approved by Wise County Building and Zoning Official, provided the following conditions are met:
(1) All reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris piles approved by Wise County Building and Zoning Official;
(2) The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material;
(3) The burning shall be at least five hundred (500) feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted;
(4) The burning shall be conducted at the greatest distance practicable from highways and air fields;
(5) The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced;
(6) The burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and
(7) The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area.
(c) Open burning is permitted for destruction of debris on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas provided that the following conditions are met:
(1) The burning shall take place on the premises of a local sanitary landfill that meets the provisions of the regulations of the Virginia Waste Management Board;
(2) The burning shall be attended at all times;
(3) The material to be burned shall consist only of brush, tree trimmings, yard and garden trimmings, clean burning waste, clean burning debris waste, or clean burning demolition waste;
(4) All reasonable effort shall be made to minimize the amount of material that is burned;
(5) No materials may be burned in violation of the regulations of the Virginia Waste Management Board or the State Air Pollution Control Board. The exact site of the burning on a local landfill shall be established in coordination with the regional director and Wise County Building and Zoning Official; no other site shall be used without the approval of these officials. Wise County Building and Zoning Official shall be notified of the days during which the burning will occur.
(Ord. No. 02-07 (§ 000-6), 2-8-07)
(a) When open burning of debris waste (section 18-85(b)) or open burning of debris on the site of a local landfill (section 18-85(c)) is to occur within Wise County, the person responsible for the burning shall obtain a permit from Wise County Building and Zoning Official prior to the burning. Such a permit may be granted only after confirmation by Wise County Building and Zoning Official that the burning can and will comply with the provisions of this article and any other conditions that are deemed necessary to ensure that the burning will not endanger the public health and welfare or to ensure compliance with any applicable provisions of the State Air Pollution Control Board's regulations for the control and abatement of air pollution. The permit may be issued for each occasion of burning or for a specific period of time deemed appropriate by Wise County Building and Zoning Official.
(b) Prior to the initial installation (or reinstallation, in cases of relocation) and operation of special incineration devices, the person responsible for the burning shall obtain a permit from Wise County Building and Zoning Official, such permits to be granted only after confirmation by Wise County Building and Zoning Official that the burning can and will comply with the applicable provisions in regulations for the control and abatement of air pollution and that any conditions are met that are deemed necessary by Wise County Building and Zoning Official to ensure that the operation of the devices will not endanger the public health and welfare. Permits granted for the use of special incineration devices shall at a minimum contain the following conditions:
(1) All reasonable effort shall be made to minimize the amount of material that is burned. Such efforts shall include, but are not limited to, the removal of pulpwood, sawlogs and firewood.
(2) The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material.
(3) The burning shall be at least three hundred (300) feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; burning shall be conducted at the greatest distance practicable from highways and air fields. If Wise County Building and Zoning Official determines that it is necessary to protect public health and welfare, he may direct that any of the above-cited distances be increased.
(4) The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced. Under no circumstances should the burning be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials.
(5) The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area.
(6) The use of special incineration devices shall be allowed only for the destruction of debris waste, clean burning construction waste, and clean burning demolition waste.
(7) Permits issued under this subsection shall be limited to a specific period of time deemed appropriate by Wise County Building and Zoning Official.
(c) An application for a permit under section 18-86(a) or (b) shall be accompanied by a processing fee of twenty-five dollars ($25.00).
(Ord. No. 02-07 (§ 000-7), 2-8-07)
Sec. 18-87. Penalties for violation.
(a) Any violation of this article is punishable as a Class 1 misdemeanor. (See Section 15.2-1429 of the Code of Virginia.)
(b) Each separate incident may be considered a new violation.
(Ord. No. 02-07 (§ 000-8), 2-8-07)
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