Virginia’s 4 pm Burning Law applies to open-air burning and is in effect from February 15 to April 30 each year. Here's what it means for you:

1. Outdoor fires within 300 feet of woods or dry grass are not permitted before 4 pm.
2. Outdoor fires are permitted between 4 pm and midnight. If you do burn, you must remain cautious and watch the fire at all times.
3. In Albemarle County, burning for land clearing and development is not permitted between February 15 and April 30. A land-clearing fire enables land modification for development and road construction, not associated with agricultural operations or routine property maintenance.

The law is intended to prevent wildfires, which are more likely to start and spread in late winter and early spring.

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 that occurred each spring. Wildfires 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 and relative humidity rises, reducing the risk that a debris fire or any open-air fire will 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, such as those 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 staying with it until it is completely extinguished or turned off.

The 4 pm Burning Law does not apply when burning occurs more than 300 feet from the woods or from flammable grass/vegetation that could allow the fire to spread to the woods. Otherwise, there are a few exceptions to the 4 pm Burning Law.