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

Chapter 9, Article IV of the County Code, adopted by Ord. No. 23-04 on August 10, 2023, governs open burning in unincorporated Fauquier County. Section 9-52 makes it unlawful to cause or permit open burning, or use a special incineration device, for disposal of refuse except as the article allows, and separately bans burning rubber tires, asphaltic materials, crankcase oil, hazardous waste, painted or treated wood, plastics, fiberglass, metals, appliances, furniture, carpet, or human or animal waste (§ 9-52(a)-(e)). Deliberately or negligently setting a fire that endangers persons or property is unlawful (§ 9-52(h)).

Beyond the specific bans, the Fire, Rescue and Emergency Management system chief holds standing authority to shut down all open burning countywide: on recommendation of the fire marshal or a state forest warden, the chief may declare an open burning emergency whenever dry forestland, brushland, or fields create a serious fire hazard, banning any person from burning until the emergency ends, subject to ratification by the Board of Supervisors at its next meeting (§ 9-51(d)). The system chief may also order any individual burn extinguished if smoke or odor becomes hazardous or objectionable given local conditions (§ 9-51(e)).

Even burning that is otherwise permitted under the article, such as controlled yard-debris or land-clearing fires, does not excuse an owner from liability for resulting damage or from complying with the Virginia Forest Fire Law and state air pollution control regulations (§ 9-52(f)-(g)).