Virginia Department of Forestry Wildfire Authority

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.

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.