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Portsmouth, VA Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Portsmouth, 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

Prohibited materials
Vehicles, junk, waste, debris, dead trees, leaves
Penalty
Class 3 misdemeanor
Enforcement
Fire marshal and police department
Permit exception
None in § 13-7
Related offense
Fire spread to neighbor: §§ 13-2, 13-3

Summary

Portsmouth outlaws burning wrecked or junked vehicles, waste materials, rubbish, debris, dead trees and limbs, leaves, and other natural growth anywhere in the city under § 13-7. There is no permit path around the ban; violating it is a class 3 misdemeanor, and it applies regardless of zoning or lot size.

(a)The burning of wrecked or discarded vehicles, or any parts thereof, junk, any waste materials, rubbish, debris, dead and dying trees or limbs, leaves or other natural growth is prohibited.(b)Any person convicted of any such violation shall be guilty of a class 3 misdemeanor.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).

Full Breakdown

City Code § 13-7 is a flat, materials-based burning ban rather than a seasonal or permit-based restriction: it prohibits burning wrecked or discarded vehicles (or any parts of them), junk, waste materials, rubbish, debris, dead or dying trees and limbs, leaves, and other natural growth anywhere within Portsmouth. The section, added by Ord. No. 1989-109 in 1989, sits in Chapter 13's general fire-prevention article alongside related provisions on negligent or intentional fire-setting: § 13-2 makes it a class 4 misdemeanor to carelessly or negligently set fire to woods, marshes, stubble, brush or straw that damages another's property, and § 13-3 makes intentionally allowing such a fire to spread a class 1 misdemeanor.

Section 13-7 does not carve out a permit process, seasonal exception, or small-pile allowance; the listed materials are prohibited from burning outright, citywide. The chapter cross-references § 23-26(c), which separately treats weeds or debris constituting a fire hazard as a nuisance subject to abatement, so a property owner who lets debris accumulate can face both the burning prohibition and a separate nuisance order before the material is ever ignited.

Violations & Fines

Anyone caught burning prohibited materials is guilty of a class 3 misdemeanor under § 13-7(b). Fire marshal deputies and city police may enforce the article (§ 13-103), and a fire set in violation that spreads to a neighbor's property can add separate charges under §§ 13-2 or 13-3, which carry class 4 or class 1 misdemeanor penalties plus liability for firefighting costs.

Frequently Asked Questions

Can I have a small backyard leaf fire in Portsmouth?
No. Section 13-7 prohibits burning leaves and other natural growth anywhere in the city, with no size or backyard exception written into the ordinance. Burning leaves is a class 3 misdemeanor regardless of how small the pile is.
Is burning a junked or wrecked car ever allowed?
No. Section 13-7(a) bans burning wrecked or discarded vehicles, or any parts of them, outright, citywide, with no permit process available under this section to authorize it.
What happens if my fire accidentally spreads to a neighbor's property?
Beyond the § 13-7 misdemeanor for burning prohibited material, you could face a class 4 misdemeanor under § 13-2 for careless or negligent fire-setting that damages another's property, or a class 1 misdemeanor under § 13-3 if you intentionally allowed the fire to spread, plus liability for the full cost of fighting the fire.
Who enforces the outdoor burning ban?
The fire marshal's office and the Portsmouth Police Department both have enforcement authority over Chapter 13's fire provisions under § 13-103, and violations of § 13-7 result in class 3 misdemeanor charges.

Sources & Official References

Other rules in Portsmouth

All Portsmouth rules

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

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