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Hampton, VA Fire Regulations: Fire Pits & Backyard Fires (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Fire pit rules in Hampton, VA, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.

Key Facts

Size limit
3 ft x 2 ft fuel area
Over that size
Requires fire code official permit
Default penalty
Class 1 misdemeanor
Relight wait after order-out
24 hours

Summary

Hampton allows small recreational fires without a permit, but caps the burning fuel area at three feet by two feet: anything larger requires a permit from the fire code official.

Recreational fires are permitted and shall not exceed a fuel area of three (3) feet by two (2) feet unless a permit has been obtained.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 31 | Zoning: Supplement 20).

Full Breakdown

Under Hampton's local amendment to the Virginia Statewide Fire Prevention Code, open burning is banned citywide except for listed exceptions. Recreational fires, including fire pits, chimineas and outdoor fireplaces, are one of those exceptions, but the fuel area is capped at three feet by two feet. A fire larger than that footprint is unlawful unless the operator first obtains a permit from the fire code official. The fire code official can also order any recreational fire extinguished if smoke reduces highway visibility or endangers life, health or property, and it may not be relit for 24 hours.

Violations & Fines

Operating an oversized or unpermitted recreational fire violates the general open-burning ban. With no specific class named, it defaults to a Class 1 misdemeanor under Hampton City Code § 1-11: up to $2,500 and 12 months in jail.

Frequently Asked Questions

Can I have a fire pit in my Hampton backyard without a permit?
Yes, as long as the burning fuel area stays within three feet by two feet; anything larger needs a permit from the fire code official.
Can Hampton order my fire pit put out?
Yes: the fire code official can order any fire extinguished if smoke reduces highway visibility or endangers life, health or property.

Sources & Official References

Other rules in Hampton

All Hampton rules

How Hampton compares: Cities with the Strictest Fire Pit Rules·Compare Hampton to another location·View the Virginia fire regulations overview

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