Starting Wednesday, Virginia residents will not be able to set outside fires until 4 p.m. daily.
The state’s 4 p.m. burn law prohibits open-air fires from 4 p.m. to midnight daily through April 30, according to the Virginia Department of Forestry (VDF), and department officials advise residents to check local ordinances in case their locality has more restrictive burn regulations.
Under the state law, open-air burning prior to 4 p.m. is banned if the fire is within 300 feet of the woods or dry grass that could carry fire to the woods. Burning is allowed between 4 p.m. and midnight as long as the burner takes proper precautions and attends the fire at all times.
Fires are more likely during late winter and early spring because winds are usually elevated, the relative humidity is lower and the fuels on the forest floor are extremely dry, having “cured” all winter without the shade of tree leaves. After 4 p.m., 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 escape.
Violation of the 4 p.m. burning law is a Class 3 misdemeanor with a fine of not more than $500.
VDF advises burners take precautions before using fire because of legal and financial implications with a fire becoming uncontrolled. Even if a person takes all proper precautions and obtains any locally required permits, whoever started the fire is responsible for suppressions costs if the fire escapes control.
An open-air fire is any outdoor fire that is not covered and/or contained within non-flammable barriers. A typical campfire is considered an open-air fire. However, an open-air fire may be acceptable if it meets the following criteria:
• Completely contained within a ring of rocks, cinder blocks, metal ring or a similar device.
• Covered by a ¼ inch or smaller metal screen.
Even when the containment criteria are met, the fire still must be attended at all times, and all flammable material should be cleared from a 20-foot area around the fire. Campers must also have ready access to water, rake and shovel.
Fires built in commercially available chimineas or fire pits with a ¼-inch or smaller metal screen are not considered open-air fires and are therefore legal, if the chimney or pit is in good condition to prevent the spread of fire to surrounding areas. Check with local authorities and/or VDF with any questions.
The 4 p.m. burn law does not apply to charcoal or gas-fired barbecue grills, but users are still encouraged to take proper care and precaution by clearing all flammable material from around the grill and to stay with the fire until it is completely extinguished or turned off.
The burn law does not apply to burning operations more than 300 feet from the woods or flammable grass and vegetation that would allow the fire to spread to the woods. Otherwise, there are few exceptions to the 4 p.m. burning law.
Certified prescribed burn managers can apply for exemption permits to complete specific types of burning during the restricted period.
Residents are encouraged to read the detailed Code of Virginia laws regarding burning.
Vineyards and orchard owners are allowed to set fires in an attempt to protect their crops from frost.
