Herndon, VA Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Herndon, 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
- Fact
- 4 PM Burning Law: no burn before 4 PM, Feb 15-Apr 30, within 300 ft of woodland
- Fact
- Trash, debris, tires, and treated wood burning banned year-round
- Fact
- Leaves and yard waste burning generally prohibited in urbanized Herndon
- Fact
- Land-clearing burns require Fire Marshal permit
- Fact
- Violations can be Class 3 misdemeanor plus suppression cost liability
Summary
Open burning in Herndon is tightly restricted. The Virginia 4 PM Burning Law (VA Code §10.1-1142) prohibits burning before 4 PM from February 15 through April 30 within 300 feet of woodland. Burning of trash, leaves, and construction debris is banned year-round. Only small recreational fires of clean wood are generally allowed without a permit.
A. It shall be unlawful for any owner or lessee of land to set fire to, or to procure another to set fire to, any woods, brush, logs, leaves, grass, debris, or other inflammable material upon such land unless he previously has taken all reasonable care and precaution, by having cut and piled the same or carefully cleared around the same, to prevent the spread of such fire to lands other than those owned or leased by him. It shall also be unlawful for any employee of any such owner or lessee of land to set fire to or to procure another to set fire to any woods, brush, logs, leaves, grass, debris, or other inflammable material, upon such land unless he has taken similar precautions to prevent the spread of such fire to any other land. B. Except as provided in subsection C, during the period February 15 through April 30 of each year, even though the precautions required by the foregoing subsection have been taken, it shall be unlawful, in any county or city or portion thereof organized for forest fire control under the direction of the State Forester, for any person to set fire to, or to procure another to set fire to, any brush, leaves, grass, debris or field containing dry grass or other inflammable material capable of spreading fire, located in or within 300 feet of any woodland, brushland, or field containing dry grass or other inflammable material, except between the hours of 4:00 p.m. and 12:00 midnight. ... D. Any person who builds a fire in the open air, or uses a fire built by another in the open air, within 150 feet of any woodland, brushland or field containing dry grass or other inflammable material, shall totally extinguish the fire before leaving the area and shall not leave the fire unattended. E. Any person violating any provisions of this section shall be guilty of a Class 3 misdemeanor for each separate offense.
Full Breakdown
Open burning in the Town of Herndon is governed by the Virginia Statewide Fire Prevention Code, Virginia DEQ air quality regulations (9 VAC 5-130), and the Virginia 4 PM Burning Law codified at VA Code §10.1-1142. From February 15 through April 30 each year, it is illegal to set fire to or cause to be set on fire any brush, leaves, grass, debris, or field containing dry grass or other inflammable material between the hours of midnight and 4:00 PM when the fire is within 300 feet of any woodland, brushland, or field containing dry grass. This seasonal rule, known statewide as the 4 PM Burning Law, is aimed at preventing wildfires during the spring fire season when humidity is low and winds are strong.
Year-round, Herndon prohibits the open burning of household trash, construction or demolition debris, tires, rubber, plastics, treated wood, and any material that emits noxious smoke. Burning of leaves, grass, and yard waste is generally prohibited under DEQ rules in urbanized areas like Herndon, which falls within a Northern Virginia non-attainment zone for ozone. Residents should bag yard waste for curbside pickup through the town Public Works department rather than burning it.
Small recreational fires of clean seasoned firewood for cooking or warmth are permitted subject to the setback and attendance rules described under Fire Pits. Larger land-clearing burns require a permit from the Fairfax County Fire Marshal and coordination with the Virginia Department of Forestry. During drought emergencies or elevated fire danger, VDOF or the Governor may issue statewide or regional burn bans overriding any local permissions. Violations can result in Class 3 misdemeanor charges and liability for suppression costs if a fire escapes.
Frequently Asked Questions
When can I legally burn brush in Herndon?
What is the Virginia 4 PM Burning Law?
Sources & Official References
Other rules in Herndon
How Herndon compares: Cities with the Strictest Outdoor Burning Rules·Compare Herndon to another location·View the Virginia fire regulations overview
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Outdoor Burning in Nearby Cities
How other cities in Fairfax County handle outdoor burning.