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Albemarle County, VA Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Albemarle County, VA, also called the burn ban, open burning, or fire restriction ordinance, set when you can burn yard waste, debris, or run a recreational fire.

Key Facts

Governing sections
County Code §§ 6-404 to 6-408
Adopted state rules
9VAC5, Ch. 130, adopted by § 6-402
Residential yard-debris setback
300 ft. from neighboring building
Land-clearing burn setback
2,000 ft. from occupied buildings
Land-clearing burn hours
8 a.m.-8 p.m., weekdays only
First-offense penalty
Class 1 misdemeanor, up to $2,500 fine

Summary

Albemarle County bans open burning of refuse, garbage, household waste, and hazardous or commercial waste countywide under § 6-404. Residential yard-debris burning is allowed without a permit only if it stays at least 300 feet from neighboring buildings and the Fire Official is notified before and after, per § 6-406.

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

A.No owner or other person may cause or permit open burning or the use of a special incineration device for disposal of refuse except as provided in this article. ... A.Residential open burning is allowed for the disposal of leaves and tree, yard, and garden trimmings originating from and located on the premises of private property, without a permit from the Office of the Fire Marshal, provided that the following conditions are met:1.The burning takes place on the premises of the private property;2.The location of the burning is not less than 300 feet from any neighboring building or occupied building unless the occupants have given prior written permission ... A.A violation of any ordinance under this article is a Class 1 misdemeanor, punishable upon conviction by confinement in jail for a period not exceeding 12 months or by a fine of not more than $2,500.00, either or both.

Full Breakdown

County Code § 6-404 prohibits open burning or use of a special incineration device for disposal of refuse generally, and specifically bars burning garbage, trash, rubbish, household waste, hazardous waste, rubber tires, asphaltic materials, crankcase oil, and commercial or industrial waste, or burning for a salvage operation, except as the article otherwise allows. The Fire Marshal can order any open burning extinguished when it creates a hazardous situation, a nuisance, or lacks a required permit. Section 6-406 then carves out permissible burning types. Residential open burning of leaves and yard or garden trimmings from the same property is allowed without a permit if it stays on the premises, at least 300 feet from any neighboring occupied building (or 50 feet from other buildings on the same lot), is conducted at the greatest practical distance from roads, is preceded and followed by notification to the Fire Official through the County Emergency Communications Center, is constantly attended by an adult 18 or older, and has a 4-A rated fire extinguisher or equivalent on hand.

Recreational fires such as campfires and cooking fires need no permit or notice if fueled only by seasoned dry firewood, kept at least 25 feet from any structure, and never used for waste disposal. Bonfires up to 25 square feet and five feet tall need Fire Official notification (not a permit) and must stay under three hours and 50 feet from structures. , and a blackout on burning between February 15 and April 30 each year. No more than three land-clearing permits may issue per parcel per year.

Violations & Fines

Under § 6-408, any violation of the open-burning article is a Class 1 misdemeanor, punishable by up to 12 months in jail, a fine of up to $2,500, or both, with each separate incident counted as a new violation. A second offense within three years carries a minimum $1,000 fine, and a third or subsequent offense within three years carries a minimum $2,500 fine; a convicted violator is also liable to the County for the cost of suppressing any resulting fire.

Frequently Asked Questions

Can I burn leaves in my backyard in Albemarle County?
Yes, without a permit, if you follow § 6-406(A): burn only leaves and yard/garden trimmings from your own property, stay at least 300 feet from any neighboring occupied building, notify the Fire Official through the County Emergency Communications Center before and after, have an adult attending, and keep a fire extinguisher on hand.
Do I need a permit for a land-clearing burn in Albemarle County?
Yes. Section 6-407 requires a permit from the Fire Official, proof of at least $1.5 million in liability insurance, and a written site and burn plan. Land-clearing burns must also stay 2,000 feet from occupied buildings and can only run 8 a.m. to 8 p.m. on weekdays, never between February 15 and April 30.
What's the penalty for illegal open burning in Albemarle County?
A first violation is a Class 1 misdemeanor under § 6-408, punishable by up to 12 months in jail and a fine up to $2,500. A second offense within three years carries at least a $1,000 fine, and a third within three years carries at least $2,500, plus liability for the County's firefighting costs.

Sources & Official References

Other rules in Albemarle County

All Albemarle County rules

How Albemarle County compares: Cities with the Strictest Outdoor Burning Rules·Compare Albemarle County to another location·View the Virginia fire regulations overview

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