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Virginia's 4 PM Burning Law
 Virginia’s 4 PM Burning Law is enforced annually from February 15 through April 30. It's crucial to remember that some localities may impose even stricter regulations on outdoor burning. Therefore, always check with your local authorities before starting any outdoor fire.
Local Regulations and Compliance
Verify with local officials about specific burning ordinances or restrictions in your area to ensure compliance.
Law Overview
The 4 PM Burning Law prohibits open-air burning before 4:00 p.m. if the fire is within 300 feet of the woods or dry grass that could spread to the woods. Burning is permitted between 4:00 p.m. and midnight, provided proper precautions are taken, and the fire is attended at all times.
Legal and Financial Responsibilities
Even with proper precautions and local permits, individuals who start fires are liable for suppression costs if the fire escapes. Violating the 4 PM Burning Law is classified as a Class 3 misdemeanor, punishable by a fine of up to $500.
Rationale Behind the Law
Debris burning is the leading cause of wildfires, closely followed by arson. The 4 PM Burning Law was established in the 1940s to reduce the number of wildfires during Virginia’s spring fire season. Fires are more likely in late winter and early spring due to elevated winds, lower relative humidity, and extremely dry forest floor fuels. Conditions typically improve after 4:00 p.m., with calmer winds and higher humidity reducing the risk of fire spread.
Definition of Open-Air Burning
Open-air burning refers to any outdoor fire that is not covered or contained within non-flammable barriers and whose smoke does not pass through a chimney. Examples include typical campfires, which may be allowed if fully contained within a ring of rocks, cinderblocks, or a metal ring, and covered by a ¼ inch or smaller metal screen. Fires must be attended at all times, with flammable material cleared from a 20-foot area around the fire, and campers must have ready access to water, a rake, and a shovel.
Fires in commercially available chimineas or fire pits that are fully contained and covered by a ¼ inch or smaller metal screen are not considered open-air fires and are legal, provided they are in good condition to prevent fire spread. Always check with local authorities or the Department of Forestry (DOF) for any concerns or questions.
Exemptions to the 4 PM Burning Law
Charcoal or gas-fired barbecue grills are exempt from this law. However, open-air charcoal grills, such as those found in parks, must comply with the 4 PM Burning Law. Users should take proper precautions, clearing all flammable material around the grill, and stay with it until it is completely extinguished or turned off.
The 4 PM Burning Law does not apply if burning operations are more than 300 feet from the woods or flammable grass/vegetation. Certified Prescribed Burn Managers can apply for exemption permits for specific types of burning during the restricted period.
Additional Resources
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