Burn Ban in Botetourt County, VA: Restrictions and Penalties

A burn ban in Botetourt County, VA can take two forms: a seasonal restriction that runs every year from February 15 through May 15 under combined state and county rules, and an emergency ban the Board of Supervisors can declare at any time when drought or wind make conditions dangerous. During the seasonal window, open-air fires within 300 feet of woods, brush, or dry grass are legal only between 4:00 PM and midnight.¹² Before lighting any outdoor fire, call the Botetourt County Emergency Communications Center at (540) 473-8631 to confirm no emergency ban is in effect.³

Check Before You Burn

The county asks residents to call (540) 473-8631 year-round before any outdoor burning. That one call confirms whether an emergency ban is active.³ Emergency declarations from the Board of Supervisors override normal permissions and can shut down all outdoor fires until conditions improve. The Virginia Department of Forestry also publishes regional fire-weather conditions if you want a broader picture before deciding whether to light up.

When Burning Is Restricted

Two overlapping rules create the restricted season.

Virginia Code § 10.1-1142 prohibits open-air fires within 300 feet of woodland, brushland, or a field of dry grass from February 15 through April 30, except between 4:00 PM and midnight.¹ The midnight cutoff is a hard line. A fire at 2:00 AM during the restricted season is just as illegal as one at noon. The Department of Forestry treats any outdoor fire whose smoke doesn’t go through a chimney as an “open-air fire” subject to this rule.⁴

Botetourt County’s own ordinance under Chapter 11 extends similar restrictions from March 1 through May 15.² The practical effect for residents is one continuous restricted window: February 15 through May 15, with burning allowed only between 4:00 PM and midnight.

What You Can Burn

Legal outdoor fires are limited to natural vegetation generated on your own property or land you lease: fallen leaves, tree trimmings, brush, and small stumps.¹

Household trash, plastic, rubber, tires, asphalt shingles, treated lumber, and any other manufactured material are off-limits. Federal regulations under 40 CFR Part 257 separately prohibit open burning of residential and commercial solid waste.⁵ Even outside the restricted season, natural yard debris is the only thing you can legally burn.

Safety Requirements

State law requires “all reasonable care and precaution” before lighting an outdoor fire, including clearing around the burn area to keep flames from spreading to neighboring property.¹ The statute doesn’t name exact distances, but the Virginia Department of Forestry recommends a cleared firebreak around the pile and keeping the fire well away from structures. A common local practice is at least 50 feet from any building and a bare-earth break of at least 10 feet around the pile.

One rule is specific and enforceable. If your fire is within 150 feet of woodland, brushland, or a dry-grass field, you must attend it the entire time and completely extinguish it before leaving.¹ Keep a pressurized water hose nearby, or at minimum a shovel and rake, so you can react immediately if the fire starts to spread.

Grills, Fire Pits, and Campfires

Not every outdoor flame falls under the 4 PM rule. The Virginia Department of Forestry recognizes several exemptions:

Standard gas and charcoal grills are not treated as open-air fires. Unenclosed open-air charcoal grills of the type found in public parks are not exempt.
Commercially available fire pits and chimineas are exempt if fully enclosed and covered with a metal screen of quarter-inch mesh or smaller, in good condition.
Burn sites more than 300 feet from any woods or flammable vegetation that could carry fire to the woods fall outside the 4 PM restriction.
Vineyard and orchard owners may set fires to protect crops from frost damage during the restricted season.
Certified prescribed burn managers can apply for exemption permits from the State Forester for specific burns during the restricted period.

A typical campfire is not automatically exempt. The Department of Forestry notes that a campfire contained in a ring of rocks, cinder blocks, or metal and covered with a quarter-inch metal screen may be acceptable, but only if you clear all flammable material within 20 feet, keep water and tools on hand, and stay with the fire the entire time.⁴

Penalties and Liability

Violating Virginia’s 4 PM Burning Law is a Class 3 misdemeanor, carrying a fine of up to $500 per offense and no jail time.¹ A separate violation of the Botetourt County ordinance carries a fine of $10 to $100 per offense.²

The real financial exposure is not the fine. It’s what happens if an illegal fire escapes. Under both state and county law, the person who started the fire is liable for the full cost of suppression. The State Forester can sue on behalf of the Commonwealth to recover every dollar spent fighting the fire, and the Board of Supervisors has the same authority to recover local suppression costs.¹² Depending on how many firefighting resources respond, those costs can reach into the thousands. On top of that, neighbors can pursue civil claims for property damage, and a homeowners insurance policy may deny coverage if the insurer determines the fire resulted from gross negligence or an illegal act.

1
Virginia Code Commission. Virginia Code 10.1-1142 – Regulating the Burning of Woods, Brush, Etc; Penalties
2
Botetourt County, VA. Botetourt County Code of Ordinances – Chapter 11, Burning of Woods, Brush, Etc
3
Botetourt County, VA. 4:00PM Burn Law
4
Virginia Department of Forestry. 4 PM Burning Law
5
U.S. Environmental Protection Agency. Requirements and Regulations for Open Burning and Fire Training