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Henrico County, 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 Henrico County, 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 feet diameter, 2 feet height, no permit
Setback
At least 25 feet from any structure
Air quality ban
No burning May 1-Oct 15 during VDEQ alerts
Attendance
Constant supervision, 4-A extinguisher on site
Fire pits/chimineas
Exempt as controlled burning devices, no permit
Grills
10-foot clearance from combustible construction
Contact
Fire Marshal's Office, 804-501-4900

Summary

Henrico County treats a patio chiminea or fire pit as a controlled burning device, not open burning, so no permit is required. A larger recreational campfire also skips the permit if it stays under 3 feet across and 2 feet tall, sits at least 25 feet from any structure, and is watched at all times with extinguishing equipment on hand.

These county ordinances apply to unincorporated areas of Henrico County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Stoves, incinerators or other controlled burning devices, which would include patio fireplaces, do not fall under the open-burning regulations. ... RECREATIONAL FIRES are defined as an outdoor fire burning materials other than rubbish where the fuel being burned is NOT contained in an incinerator, outdoor fireplace, barbeque grill or barbeque pit and are permitted in accordance with the Statewide Fire Prevention Code and rules as developed by the Virginia Department of Environmental Quality. These fires must not be larger than 3 feet in diameter and 2 feet in height. Recreational fires are not allowed during periods of impaired air quality from May 1 through October 15 as defined by VDEQ. ... Recreational fires shall not be conducted within 25 feet of a structure or combustible material ... Recreational fires shall be constantly attended and supervised by a person knowledgeable in the use of extinguishing tools like shovels, garden hoses, or a fire extinguisher with a minimum 4-A rating on site, and available for immediate use.

Full Breakdown

The Henrico County Fire Marshal's Office confirms that a chiminea or fire pit used on a patio needs no burn permit: stoves, incinerators and other controlled burning devices, which include patio fireplaces, fall outside the county's open-burning regulations, though the office still recommends running them per the manufacturer's instructions and keeping combustibles clear. 2: the fuel cannot be rubbish, cannot sit inside an incinerator, outdoor fireplace, barbecue grill or barbecue pit, and the fire itself cannot exceed 3 feet in diameter or 2 feet in height.

These fires are barred outright from May 1 through October 15 whenever the Virginia Department of Environmental Quality has declared impaired air quality; residents can check burn-ban status with VDEQ at 1-800-592-5482. Location and supervision rules apply on top of the size cap: a recreational fire cannot be built within 25 feet of a structure or combustible material, and any conditions within that 25 feet that could let fire spread must be cleared before lighting. The fire must be constantly attended by someone who knows how to use extinguishing tools, and a garden hose, shovels, or a fire extinguisher rated at least 4-A must be on site and ready.

Open-flame cooking devices such as charcoal burners and gas grills carry a separate 10-foot clearance from combustible construction, waived for one- and two-family homes and buildings protected by an automatic sprinkler system.

Violations & Fines

A fire that tops 3 feet in diameter or 2 feet in height, sits inside the 25-foot setback from a structure or combustible material, burns during the May 1-October 15 VDEQ impaired-air-quality window, or is left unattended no longer qualifies as an exempt recreational fire. The Fire Marshal's Office treats it as regulated open burning that needed a permit it never had, and can order the fire extinguished or cite the person burning it; call 804-501-4900 with any question before lighting.

Frequently Asked Questions

Do I need a permit for a fire pit or chiminea in Henrico?
No. The Fire Marshal's Office classifies chimineas and patio fire pits as controlled burning devices rather than open burning, so no permit is required. Use them away from combustible materials and buildings, stay with the fire while it burns, and follow the manufacturer's operating instructions.
How big can a recreational campfire be without a permit?
A recreational fire can be up to 3 feet in diameter and 2 feet in height under SFPC § 307.3.2. Anything larger no longer qualifies as an exempt recreational fire and instead needs a Burn Permit from the Henrico Fire Marshal's Office.
How far from my house does a fire pit have to be?
At least 25 feet from any structure or combustible material. Any brush, leaves or other material within that 25-foot radius that could let the fire spread has to be cleared away before you light it.
Can I have a recreational fire in summer?
Not if the Virginia Department of Environmental Quality has declared impaired air quality. Recreational fires are barred outright from May 1 through October 15 during any VDEQ impaired-air-quality period; call VDEQ at 1-800-592-5482 to check current burn-ban status.

Sources & Official References

Other rules in Henrico County

All Henrico County rules

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

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