West Virginia Statewide Rule
West Virginia Statewide Forest Fire Season Burning Ban
Key Facts
- Statute
- W. Va. Code 20-3-5
- Spring Ban Dates
- March 1 to May 31
- Fall Ban Dates
- October 1 to December 31
- Banned Hours
- 7 a.m. to 5 p.m.
Summary
West Virginia prohibits outdoor burning during designated spring and fall forest fire seasons under Code Chapter 20 Article 3 Section 5, applying uniformly statewide between specified dates and daytime hours regardless of local authority.
(a) Forest fire seasons. - March 1 through May 31, and October 1 through December 31 are designated as forest fire seasons. During any fire season, a person may set on fire or cause to be set on fire any forest land, or any grass, grain, stubble, slash, debris, or other inflammable materials only between 5 p.m. and 7 a.m., at which time the fire must be extinguished.
Full Breakdown
West Virginia Code Section 20-3-5 establishes statewide forest fire seasons from March 1 through May 31 and October 1 through December 31. During these periods, outdoor burning is prohibited between 7:00 a.m. and 5:00 p.m. The law applies to all open fires within 1,000 feet of woodlands, grasslands, or areas containing combustible material. Limited exceptions exist for small fires fully attended and used to burn yard debris in rings or barrels with screens. Fires must be fully extinguished before being left unattended.
Violations & Penalties
Violations are misdemeanors under W. Va. Code 20-3-5, punishable by fines from $100 to $1,000 plus liability for fire suppression costs and any property damage caused.
Frequently Asked Questions
When can I legally burn yard debris outdoors in West Virginia?
Does the West Virginia burning ban apply in cities?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.