West Virginia Outdoor Burning & Burn Ban (2026)

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.

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?

Outside the spring and fall fire seasons, or during seasons only between 5 p.m. and 7 a.m., provided fires are attended, contained in safe receptacles, and fully extinguished before being left.

Does the West Virginia burning ban apply in cities?

Yes. The statewide forest fire law applies regardless of municipal limits. Cities may impose additional year-round restrictions on open burning but cannot authorize burning prohibited during state fire seasons.

West Virginia Statewide Forest Fire Season Burning Ban