Virginia Burning Laws: The 4 PM Law, Burn Bans and Burn Barrels

Can I burn today?

This checker knows the calendar and the state law. It cannot know whether Louisa County, or your own county, has declared an emergency burn ban today. Some localities also have rules stricter than the state's, and the Virginia Department of Forestry encourages everyone to check with their locality before any outdoor burning. Virginia DOF (source, opens in a new tab) In Louisa County, call Louisa County Fire & EMS at 540-967-3491, or the station at 540-872-2400.

Virginia's 4 PM Burning Law in plain words

Why spring? Late winter and early spring winds are usually higher, the humidity is lower, and leaves on the forest floor have dried all winter without shade. After 4 p.m. the wind usually calms and the humidity rises, so a debris fire is less likely to escape. Virginia DOF (source, opens in a new tab) The law dates from the 1940s, and the Virginia Department of Forestry names debris burning as the number one cause of wildfires. Virginia DOF (source, opens in a new tab)

The rule that applies all year

The 4 PM Law is seasonal, but the duty of care is not. Virginia law makes it unlawful at any time of year to set fire to woods, brush, leaves, grass or debris on your land unless you have first taken all reasonable care to stop it spreading to anyone else's land, by cutting and piling the material or carefully clearing around it. Code of Virginia (source, opens in a new tab) Breaking any part of the law is a Class 3 misdemeanor for each offense, and if a forest fire results you are also liable for the full cost of putting it out. Code of Virginia (source, opens in a new tab)

Burn bans: is there a burn ban in Virginia today?

A county burn ban is separate from the 4 PM Law and is not limited to the February to April window. While a ban is in force, follow it whatever the time of day. Louisa County Fire & EMS can tell you whether a ban is in force and what it covers.

Burn barrels, fire pits, campfires and grills

• Burn barrels. Check with Louisa County before using a burn barrel.
• Campfires count as open-air fires. A campfire may be acceptable if it is completely contained in a ring of rocks, cinderblocks or metal and covered by a metal screen with openings of 1/4 inch or smaller. Virginia DOF (source, opens in a new tab) It must still be attended at all times, with a 20-foot area cleared of anything flammable and water, a rake and a shovel at hand. Virginia DOF (source, opens in a new tab)
• Chimineas and fire pits that are completely contained, with a metal screen of 1/4 inch or smaller across the top, are not open-air fires and are legal if they are in good condition. Virginia DOF (source, opens in a new tab)
• Grills. Charcoal and gas barbecue grills are exempt, but an open charcoal grill like those in parks counts as an open-air fire. Virginia DOF (source, opens in a new tab)

Can I burn leaves? What you may and may not burn

Virginia's open-burning regulation bans burning tires, asphalt materials such as shingles, crankcase oil, treated wood and other rubber- or petroleum-based materials, and hazardous waste. Va. Admin. Code (source, opens in a new tab) Those particular rules apply in the state's ozone control areas, which include Spotsylvania and Hanover counties; Va. Admin. Code (source, opens in a new tab) Va. Admin. Code (source, opens in a new tab) Louisa County is not on that list.

In Louisa County, check with the county before burning household trash, furniture, mattresses, or anything other than natural yard waste such as leaves, brush and limbs: call Louisa County Fire & EMS at 540-967-3491. Composting and mulching are alternatives to burning yard waste.

Safe burning, step by step

1. Check first. No burn ban, and the 4 PM Law allows it at this time and place. Virginia DOF (source, opens in a new tab)
2. Check the weather. Postpone on a dry, gusty or breezy day; wind is what carries embers. Virginia DOF (source, opens in a new tab)
3. Clear around the pile. Cut and pile the material, and clear a wide ring around it down to bare soil, well away from buildings, fences, woodpiles, propane tanks and overhanging limbs. Code of Virginia (source, opens in a new tab)
4. Keep it small. Add material a little at a time as the pile burns down.
5. Tools before matches. A charged hose or full water containers, a rake and a shovel, ready before you light it. Virginia DOF (source, opens in a new tab)
6. Stay with it. Attend the fire the whole time, until it is out. Virginia DOF (source, opens in a new tab)
7. Drown it. Soak the ashes, stir, and soak again until everything is cold to the touch.

If your fire gets away from you

Frequently asked questions