Burn Ban in Washington County, VA: 4 PM Law, Exceptions, Penalties

In Washington County, VA, a burn ban is in effect every year from February 15 through April 30 for any outdoor fire within 300 feet of woods or dry fields. During that window, burning is prohibited before 4:00 PM.¹ Outside that seasonal window, the Board of Supervisors can impose emergency bans when drought or fire weather warrants. Violations are a Class 3 misdemeanor with fines up to $500, and if your fire escapes you owe the full cost of putting it out.

When the 4 PM Burning Law Applies

From February 15 through April 30, you cannot start any outdoor fire before 4:00 PM if it is within 300 feet of woodland, brushland, or a field with dry grass or other material that could carry flames.¹ The rule reaches brush piles, leaf burns, field burns, campfires, and warming fires.²

The window closes at midnight. After 12:00 AM you cannot start a new fire or add fuel to an existing one.¹ This is the detail most people miss: the law caps both ends of the burn.

If your fire is within 150 feet of woodland or dry vegetation that could carry flames to the woods, you must stay with it the entire time and fully extinguish it before leaving.¹ Walking away from a smoldering pile is a separate violation from the time-of-day rule.

Exceptions to the Seasonal Ban

Not every outdoor fire falls under the 4 PM restriction. The Virginia Department of Forestry recognizes several situations where the rule does not apply:³

Burn sites more than 300 feet from any woodland or flammable vegetation that could carry fire to the woods.
Fires set by vineyard or orchard owners to protect crops from frost or freezing, at any hour during the restricted period.¹
Certified prescribed burns approved by the State Forester before February 1, for purposes such as invasive species control, wildlife habitat management, or natural heritage conservation. The State Forester can revoke approval on the day of the burn if conditions turn hazardous.¹
Standard backyard charcoal and gas grills. Open-air charcoal grills like those in parks, however, are treated as open fires and follow the 4 PM rule.³
Fires set on federal property.¹

Even when an exception applies, Virginia law still requires you to take reasonable precautions to prevent a fire from spreading to neighboring land.¹ And regardless of the season or time of day, tires, rubber products, asphalt shingles, pressure-treated lumber, plastics, and other hazardous materials listed in 9VAC5-130-30 can never be burned in the open.⁴

Emergency Burn Bans Outside the Spring Season

Drought, high winds, or extended dry spells can prompt the Washington County Board of Supervisors to enact emergency burn bans outside the February-through-April season. These bans override the general rules, prohibit all outdoor burning until conditions improve, and can take effect with little notice.

Check the official Washington County, Virginia website for current status.² You can also contact the Washington County Emergency Management office at (276) 525-1330 during business hours.⁵ If you burn often, check before every burn. Conditions can shift between the day you plan a burn and the day you light it.

Safe Burning Practices

A fire that escapes your property is your problem, whether or not you followed every other rule.³ Before lighting anything, clear at least 10 feet of bare ground around the pile, keep the area directly overhead clear, and stay well away from structures. Position the fire far enough from property lines that smoke does not become a hazard to traffic or a nuisance to neighbors. Keep water, a shovel, or a fire extinguisher within immediate reach, not back in the garage.

The Virginia Department of Forestry recommends checking with local officials about any additional ordinances before lighting anything.³ Washington County may have local rules that go beyond state law, so a quick call before your first seasonal burn is worth the trouble.

Penalties and Cost Liability

Violating any provision of Virginia Code 10.1-1142, whether by burning before 4:00 PM during fire season, leaving a fire unattended, or failing to take reasonable precautions, is a Class 3 misdemeanor carrying a fine of up to $500 per offense.¹⁶

The fine is the smaller exposure. If a fire escapes because of your violation, you owe the Commonwealth the full cost of suppression: every firefighter hour, every piece of equipment deployed, every gallon of water or retardant used.¹ Under a separate statute, the locality can also collect its firefighting costs, including those of volunteer fire departments, plus reasonable administrative expenses for the collection effort.⁷ A multi-agency response can run into thousands of dollars, all billed to the person who started the fire.

Parents face a separate exposure. If a minor living with their parents starts a fire that requires suppression, the parents can be held liable for up to $750 per incident.⁷ And anyone whose property is damaged by an escaped fire can bring a separate civil claim for the value of what was destroyed.

1
Virginia Code Commission. Code of Virginia 10.1-1142 – Regulating the Burning of Woods, Brush, Etc.; Penalties
2
Washington County Virginia. 4 PM Burning Law in Effect
3
Virginia Department of Forestry. 4 PM Burning Law
4
Virginia Department of Environmental Quality. Open Burning
5
Washington County Virginia. Emergency Management
6
Virginia Code Commission. Code of Virginia 18.2-11 – Punishment for Conviction of Misdemeanor
7
Virginia Code Commission. Code of Virginia 10.1-1141 – Liability and Recovery of Cost of Fighting Forest Fires by Localities and the State Forester