Virginia Beach, VA Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Virginia Beach, 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
- Governing section
- City Code § 12-4
- Monitoring
- Must watch fire constantly
- Equipment
- Extinguishing gear required on-site
- City authority
- Fire chief can order extinguished
- Default penalty
- Class 1 misdemeanor, up to $2,500
Summary
Virginia Beach allows open burning only when permitted under the Virginia Statewide Fire Prevention Code, and the fire must be constantly watched until out. The fire chief can shut down an otherwise-lawful burn that creates smoke or nuisance conditions.
Open burning, where permitted by the Virginia Statewide Fire Prevention Code, shall be constantly monitored until the fire is extinguished. Fire extinguishing equipment shall be available for immediate use. The fire chief shall prohibit open burning, otherwise lawful, when smoke may cause reduced visibility on any highway, or when emissions or odors may constitute a hazard or nuisance.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 170 Update 1).
Full Breakdown
City Code § 12-4 permits open burning only where the Virginia Statewide Fire Prevention Code allows it, and requires the fire to be constantly monitored until extinguished, with firefighting equipment on hand for immediate use. The fire chief can prohibit an otherwise-lawful burn when smoke may reduce visibility on a highway or when emissions or odors create a hazard or nuisance, and can order the fire put out by the permit holder, another responsible person, or the fire department if it endangers adjacent property. Separate sections flatly ban open fires on the city's beaches (§ 12-5) and in city streets (§ 12-6).
Violations & Fines
No class is specified in § 12-4, so the citywide default in § 1-9 applies: a Class 1 misdemeanor, punishable by up to $2,500 in fines, up to 12 months in jail, or both. The fire chief can also order the fire extinguished on the spot.
Frequently Asked Questions
Can I have an open burn in Virginia Beach?
Can the city stop a legal open burn already underway?
Sources & Official References
Other rules in Virginia Beach
How Virginia Beach compares: Cities with the Strictest Outdoor Burning Rules·Compare Virginia Beach to another location·View the Virginia fire regulations overview
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