Virginia Spring Burning Laws: Frederick County and Beyond

Rural homeownership can be difficult. You do not always have the same services available as you would inside the city limits. For the most part, you have to fend for yourself when it comes to things like trash pickup and waste disposal. It can be difficult to know what the laws are in your county as well because different places have different laws for outdoor burning and waste disposal. If you are not careful, you can get in to trouble. The law also changes frequently, so you need to make sure you know what you can and cannot do.

Does Virginia have a spring burning law? The answer is absolutely yes. Virginia makes it unlawful for any owner or lessee of land to set fire to, or to procure another to set fire to, any woods, brush, logs, leaves, grass, debris, or other inflammable material upon such land unless he previously has taken all reasonable care and precaution, by having cut and piled the same or carefully cleared around the same, to prevent the spread of such fire to lands other than those owned or leased by him. It shall also be unlawful for any employee of any such owner or lessee of land to set fire to or to procure another to set fire to any woods, brush, logs, leaves, grass, debris, or other inflammable material, upon such land unless he has taken similar precautions to prevent the spread of such fire to any other land.

These laws get even more strict starting on February 15th and going through April 30th of each year. The Virginia Department of Forestry requires that any burns to the hours of 4:00PM and midnight if such burns are within 300 feet of any woodland, brushland, or field containing dry grass or other inflammable material.

For Frederick County specific information please click here.

What happens if I violate the spring burning law? If you violate the above law you are committing a crime. It is a class 3 misdemeanor in Virginia to violate the spring burning laws. You can also be on the hook for any damage caused as a result of violating the burning laws and can be placing your neighbors in danger. All it takes is one stray spark for your Neighbor Dan to lose his chickens. Although that infraction may not come with a jail time, subsequent offenses may rise that to a more serious offense. Other mistakes can turn the charge into arson if you are not careful.

What should I do if I want to burn my trash? You should check your local laws and make sure you talk to your local fire marshal. They will have good advice based upon weather conditions on how best to protect yourself, your property, and your neighbors and not end up in jail. Other types of burns may even require permits. You can also consider talking to a lawyer to get some good advice on when you can and cannot burn.