Herndon, VA Fire Regulations: Outdoor Burning (2026)

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.