Virginia Department of Forestry Wildfire Authority

Virginia Code Section 10.1-1135 authorizes the State Forester to enforce fire prevention measures, and Section 10.1-1136 empowers declaration of fire emergencies including bans on open burning when conditions warrant. Under Va. Code 10.1-1144, persons whose negligence causes wildfires are liable for all suppression costs incurred by the Commonwealth. Localities may not override emergency burn bans issued by the State Forester. The Department of Forestry maintains statewide jurisdiction over forest fire prevention activities.

Violating an emergency burn ban is a Class 3 misdemeanor with fines up to $500. Negligent parties are additionally liable for full suppression cost recovery, which can reach tens of thousands of dollars.