Portsmouth, VA Fire Regulations: Outdoor Burning (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.
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?
Is burning a junked or wrecked car ever allowed?
What happens if my fire accidentally spreads to a neighbor's property?
Who enforces the outdoor burning ban?
Sources & Official References
Other rules in Portsmouth
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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