Virginia Statewide Rule

Virginia Department of Forestry Wildfire Authority

Heavy RestrictionsApplies statewide across Virginia (2026)

Key Facts

Emergency burn ban: Va. Code 10.1-1158
Cost recovery: Va. Code 10.1-1141
Ban proclaimed by: Governor, State Forester advises
Local override: Not allowed

Last verified: September 5, 2026Source: Virginia Legislative Information System

Summary

Virginia lets the Governor, on the State Forester's recommendation, ban all open burning when serious fire hazards exist, and makes anyone whose negligence causes a wildfire liable to the Commonwealth for full suppression costs.

10.1-1158. Prohibition of all open burning where serious fire hazards exist; penalty. It shall be unlawful when the forestlands, brushlands and fields in this Commonwealth or any part thereof have become so dry as to create a serious fire hazard endangering lives and property, for any persons to do any open burning nearer than 300 feet from any such forestlands, brushlands or fields containing dry grass or other flammable material. This article shall not be effective until the Governor, upon recommendation of the State Forester, proclaims such a condition to exist in this Commonwealth or any part thereof, and it shall be in effect until the Governor proclaims such condition to have terminated.

Source: Virginia Legislative Information SystemView official code

Full Breakdown

Va. Code Section 10.1-1158 makes open burning within 300 feet of dry woods, brush, or fields unlawful when a serious fire hazard exists, but it takes effect only after the Governor, on the State Forester's recommendation, proclaims that such conditions exist. Under Va. Code 10.1-1141, any person who negligently or intentionally allows a fire to escape onto forest, brush, or grasslands is liable to the Commonwealth for the full cost of suppression. The Department of Forestry enforces forest-fire law statewide, and localities cannot override a state burn ban.

Violations & Penalties

Violating the emergency open-burning ban is a Class 3 misdemeanor with a fine up to $500. Negligent parties are additionally liable for the full cost of fire suppression.

Frequently Asked Questions

Who declares wildfire emergencies in Virginia?

The Governor, on the State Forester's recommendation, proclaims the fire-hazard conditions that trigger the statewide open-burning ban under Va. Code 10.1-1158.

Can I be billed for a wildfire I accidentally started?

Yes. Under Va. Code 10.1-1141, anyone whose negligence lets a fire escape onto forest, brush, or grassland is liable to the Commonwealth for all suppression costs.

Sources

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