Virginia’s 4 p.m. Burning Law is in effect statewide from Feb. 15 through April 30, restricting open-air burning until after 4 p.m. each day. The seasonal restriction is intended to prevent wildfires, which are more common during late winter and early spring due to increased wind speeds, lower humidity levels, and dry vegetation.
While the law applies statewide, localities may have additional burning ordinances or restrictions. During prolonged drought conditions, some areas may also impose temporary burn bans to further reduce fire hazards.
Why the 4 P.M. Burning Law Exists
The 4 p.m. Burning Law, originally enacted in the 1940s, was designed to mitigate the risk of wildfires, which historically increase during Virginia’s spring fire season. Debris burning remains the leading cause of wildfires in the state, followed closely by intentionally set fires.
Wildfire risk is highest in late winter and early spring, when trees are bare, leaving the forest floor exposed to direct sunlight. As a result, dry leaves, grass, and other vegetation become highly flammable. During this period, winds are typically stronger, and humidity levels are lower, creating conditions that can cause a fire to spread rapidly. After 4 p.m., wind speeds tend to decrease, and humidity levels rise, reducing the likelihood of uncontrolled fire spread.
What the Law Covers
The 4 p.m. Burning Law applies to all open-air fires, defined as any outdoor fire that is not enclosed within a non-flammable barrier and does not have smoke passing through a chimney. This includes campfires and debris fires.
However, a fire is permitted under the law if it meets the following conditions:
- It is fully contained within a fire ring, such as a circle of rocks, cinderblocks, or a metal ring.
- It is covered with a metal screen with openings no larger than ¼ inch to prevent embers from escaping.
Even when these conditions are met, safety precautions must still be followed. The fire must be attended at all times, a 20-foot area around it must be cleared of flammable material, and water, a rake, and a shovel must be readily available.
Exceptions and Exemptions
Certain types of fires and equipment are not subject to the 4 p.m. Burning Law:
Charcoal and gas grills are exempt from the law. However, open-air charcoal grills, such as those found in public parks, must comply with the burning restrictions. Grill users are encouraged to remove flammable materials from around the grill and ensure fires are fully extinguished before leaving.
Commercially available fire pits and chimineas are not considered open-air fires if they are fully enclosed and covered with a ¼-inch or smaller metal screen. They must be in good condition to prevent fire spread.
Fires set more than 300 feet from wooded areas or flammable vegetation are exempt from the law.
Certified Prescribed Burn Managers may apply for exemption permits to conduct controlled burns during the restricted period.
Vineyard and orchard owners may set fires to protect crops from frost damage under a specific exemption in the law.
Local Regulations and Safety Reminders
While the 4 p.m. Burning Law establishes statewide restrictions, localities may have additional ordinances or temporary bans in place. Residents should check with local officials before conducting any open-air burning.
For more details on Virginia’s burning laws and exemptions, visit the Virginia Department of Forestry or consult the Code of Virginia.
