Virginia’s 4 pm Burning Law is in effect February 15 through April 30 each year. The 4 pm Burning Law bans open air burning prior to 4 pm if the fire is within 300 feet of woods or dry grass which could carry the fire to woods. Burning is allowed between 4 pm and midnight as long as the burner takes proper precautions and attends the fire at all times.

In addition to the state code that limits open air burning to the hours of 4 pm to midnight only, Albemarle County code bans all commercial burns (for example, land clearing for development) during the Virginia Department of Forestry's ban of February 15 to April 30.

What is Open Air Burning?

Open air burning is the burning of any matter in such a manner that products resulting from combustion are emitted directly into the atmosphere without passing through a stack, duct, or chimney. Types of open burning can include, but are not limited to, bonfires, fire pits, campfires, and burning trash, leaves, and other yard waste in backyards and open areas.

Reason for the 4 pm Burning Law

Debris burning is the number one cause of wildfires. The 4 pm Burning Law was adopted during the 1940s to reduce the number of wildfires which occurred each spring, when Virginia has traditionally seen an increased number of fires.

Wild fires are more likely during late winter and early spring because winds are usually elevated, the relative humidity is lower, and the brush and leaves on the forest floor are extremely dry, having “cured” all winter without the shade of the tree canopy. After 4 pm, winds usually calm down and the relative humidity levels rise, both of which reduce the potential for a debris fire or any outdoor open air fire to spread beyond its container.

Exemptions to the 4 pm Burning Law

This law does not apply to charcoal or gas-fired barbecue grills. However, open air charcoal grills, like those found at parks, are considered open air fires and must comply with the 4 pm Burning Law. Users are encouraged to take proper care and precaution by clearing all flammable material from around the grill and stay with it until it is completely extinguished or turned off.

The 4 pm Burning Law does not apply when burning takes place farther away than 300 feet from the woods or flammable grass/vegetation that would allow the fire to spread to woods. Otherwise, there are few exceptions to the 4 pm Burning Law.