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

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

Outdoor burning rules in Montgomery 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

Seasonal restriction window
Feb 15 to Apr 30 each year
Allowed burning hours in season
4:00 p.m. to midnight only
Distance trigger near woodland
within 300 feet
Seasonal violation penalty
Class 3 misdemeanor per offense
Emergency burn ban authority
director of emergency services
Emergency ban violation penalty
Class 3 misdemeanor per offense

Summary

Open burning of woods, brush and debris is restricted year-round under Code Section 4-3, with a February 15 to April 30 seasonal window limiting daytime burning near woodland. Section 4-4 lets the county shut down all open burning outright when a serious fire hazard is declared.

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

During the period beginning February 15 and ending April 30 of each year, even though the precautions required by subsection (a) have been taken, it shall be unlawful in any county, 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 three hundred (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. ... It shall be unlawful for any person to set an open fire or do any open burning or use recreational fires or bonfires whenever an emergency exists as determined by the director of emergency services upon recommendation of the state forester that the forest lands, brushlands, and fields of Montgomery County have become so dry as to create a serious fire hazard endangering lives and property.

Full Breakdown

Outside Blacksburg and Christiansburg, landowners burning woods, brush, logs, leaves, grass or debris on their own property must first take all reasonable precautions, cutting and piling material or clearing around it, to keep fire from spreading to neighboring land, under Section 4-3(a). and midnight; federal land is exempt from this seasonal window. A narrow carve-out lets a certified prescribed-burn manager conduct approved prescribed burns between February 15 and March 1 for invasive-species control, wildlife habitat work or natural heritage management, but only with the state forester's prior written approval of the burn prescription.

Separately, Section 4-4 gives the county a blanket shutdown power: whenever the director of emergency services, on the state forester's recommendation, determines the county's forest lands, brushlands and fields have become dry enough to pose a serious fire hazard, it becomes unlawful for anyone to set an open fire, do open burning, or use recreational fires or bonfires until the emergency is lifted. The county administrator or a designee serves as the director of emergency services for this purpose. Careless or negligent burning that damages another's property is separately punishable under Section 4-2, which also makes the responsible party liable for firefighting costs.

Violations & Fines

Violating the burning precautions or the seasonal restriction in Section 4-3 is a Class 3 misdemeanor for each separate offense, and if the violation starts a forest fire, the violator is also liable to the Commonwealth for the full cost of suppressing it, recoverable by the state forester and credited to the forestry operations fund. Burning during a declared serious fire hazard under Section 4-4 is likewise a Class 3 misdemeanor per offense. Careless burning that damages another's property under Section 4-2 is a Class 4 misdemeanor plus liability for firefighting expenses.

Frequently Asked Questions

Can I burn brush on my property in Montgomery County?
Yes, if you take reasonable precautions such as cutting and piling material or clearing around it under Section 4-3. But between February 15 and April 30, burning near woodland or dry fields is limited to 4:00 p.m. to midnight, and it can be banned entirely if a serious fire hazard is declared.
Who declares a burn ban in Montgomery County?
The director of emergency services, which is the county administrator or a designee, declares the emergency under Section 4-4 upon the state forester's recommendation that dry conditions have created a serious fire hazard endangering lives and property.
What is the penalty for illegal open burning?
Violating the seasonal restriction or an emergency burn ban is a Class 3 misdemeanor for each separate offense under Sections 4-3 and 4-4, and a violator whose fire spreads is also liable for the full cost of suppressing it.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

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

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