Despite Virginia legalizing consumer fireworks statewide in 2021, Fairfax County (which includes Herndon) continues to ban the sale, possession, and use of all consumer fireworks. Only professional displays permitted by the Fire Marshal are allowed. Violations are Class 1 misdemeanors punishable by up to 12 months in jail and a $2,500 fine.
Although Virginia amended its fireworks laws through HB 2201 and SB 1452 in 2021 to permit consumer fireworks statewide for adults 18 and over, the legislation expressly preserved local authority to restrict or prohibit them. Fairfax County, which encompasses the Town of Herndon, has enacted some of the strictest fireworks rules in the Commonwealth. Under Fairfax County Code and adopted fire prevention provisions, the sale, possession, storage, and discharge of consumer fireworks including firecrackers, skyrockets, torpedoes, Roman candles, bottle rockets, and aerial shells is prohibited within the county.
The only fireworks legally permitted for private use in Herndon are certain sparkling devices and novelties such as handheld sparklers, fountains that emit only sparks without explosions, and pharaoh serpents, provided they do not travel horizontally or aerially and do not contain explosive compositions. Anything that explodes, rises into the air, or travels along the ground is prohibited.
Professional fireworks displays, such as the annual Herndon Festival or Fourth of July celebrations, require a permit from the Fairfax County Fire Marshal under Virginia SFPC Section 5608. Licensed pyrotechnicians must be used, and detailed site plans, insurance, and safety measures must be approved in advance. Violations of the fireworks ban are prosecuted as Class 1 misdemeanors under VA Code §27-100, with penalties of up to 12 months in jail and fines up to $2,500, plus civil liability for any fire damage caused. The Fire Marshal increases enforcement and public messaging around Independence Day and New Year's Eve.
Contact your local code enforcement office for specific penalty information.
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Side-by-side rule comparisons with other cities in Fairfax County.
See how other cities in Fairfax County handle fireworks.
See how Herndon's fireworks rules stack up against other locations.
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