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

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

Outdoor burning rules in York 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

Refuse burning
Banned (Sec. 11-53(a))
Hazardous waste burning
Banned (Sec. 11-53(c))
Salvage/commercial waste burning
Banned (Sec. 11-53(d))
General violation penalty
Class 1 misdemeanor
Leaf-burning violation penalty
Class 4 misdemeanor
Ordinance adopted
O97-1(R), effective 7/1/1997

Summary

In York County, Virginia, open burning or use of a special incineration device is banned for disposing of refuse, hazardous waste, tires, crankcase oil and commercial or industrial waste under Section 11-53 of the County Code. Violations of the Open Burning ordinance are punished as a Class 1 misdemeanor, with narrower leaf-burning violations treated as a Class 4 misdemeanor.

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

(a)No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of refuse except as provided in this Article. ... (c)No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of hazardous waste or containers for such materials.(d)No owner or other person shall cause or permit open burning or the use of a special incineration device for the purpose of a salvage operation or for the disposal of commercial/industrial waste.

Full Breakdown

Article V of Chapter 11, the York County Ordinance for the Regulation of Open Burning, bans open burning or the use of a special incineration device for several specific purposes under Section 11-53. Subsection (a) bars burning refuse except where the article otherwise allows it. Subsection (b) bars burning rubber tires, asphaltic materials, crankcase oil, treated wood and other rubber or petroleum-based materials, except for bona fide firefighter training at permanent training facilities. Subsection (c) bars burning hazardous waste or its containers, and subsection (d) bars burning tied to a salvage operation or to commercial or industrial waste disposal.

Subsection (f) lets the county shut down all open burning during a declared air pollution alert, warning or emergency stage. The article, adopted by Ordinance O97-1(R) effective July 1, 1997, exists to protect air quality alongside the State Air Pollution Control Board's own regulations, and subsection (e) makes clear that following this article never excuses a burner from liability for resulting damage or from complying with other laws, citing Section 10.1-1142 of the Forest Fire Law of Virginia specifically. Permitted burning still exists in narrower categories: household leaf burning by residents on their own property, land-clearing debris burning and local-landfill debris burning, each spelled out in Section 11-55 with its own conditions such as time-of-day limits and minimum distances from structures, and each generally requiring a permit from the fire official under Section 11-56 along with a $50 processing fee.

Section 11-57 sets the penalty structure: any violation of the article is a Class 1 misdemeanor, except violations of the leaf-burning conditions in Section 11-55(a)(1) through (9), which are a Class 4 misdemeanor, and each day of violation counts separately.

Violations & Fines

Burning refuse, hazardous waste, tires, crankcase oil or commercial/industrial waste in the open, or running a salvage operation by fire, violates Section 11-53 and is punishable as a Class 1 misdemeanor under Section 11-57(a). Violating the narrower leaf-burning conditions in Section 11-55(a)(1) through (9), such as burning after 9:00 p.m. or within 250 feet of a neighboring dwelling, is instead a Class 4 misdemeanor, and each day of violation is a separate offense.

Frequently Asked Questions

Is it legal to burn trash outdoors in York County, Virginia?
No. Section 11-53(a) of the County Code bans open burning of refuse except in the narrow circumstances the Open Burning article separately allows, such as permitted leaf burning or land-clearing debris burning. Burning household refuse specifically is barred under Section 11-55(b) because curbside collection is available.
Can the county stop all open burning during bad air quality days?
Yes. Section 11-53(f) lets the county halt open burning and the use of special incineration devices the moment the State Air Pollution Control Board declares an alert, warning or emergency air pollution stage, and requires any burning already underway to stop immediately.
What is the penalty for illegal open burning in York County?
Most violations of Article V, the Open Burning ordinance, are a Class 1 misdemeanor under Section 11-57(a). The narrower leaf-burning conditions in Section 11-55(a)(1) through (9) carry a lighter Class 4 misdemeanor instead, and the code treats each day of an ongoing violation as its own separate offense.

Sources & Official References

Other rules in York County

All York County rules

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

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