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Frederick County, VA Trash & Recycling: Illegal Dumping (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Prohibited act
Dropping or discarding litter on public/private property
Vehicle presumption
Driver presumed responsible for litter ejected from car
Fine
$50 to $500, § 142-107
Jail
Up to 30 days, § 142-107
Construction sites
Owner/contractor must control site litter, § 142-104

Summary

Frederick County bans dumping litter anywhere in the county outside authorized receptacles. Section 142-101 of the County Code makes it unlawful to drop, deposit, discard or otherwise dispose of litter on public or private property, and a conviction under Article V carries a fine of $50 to $500 and up to 30 days in jail.

These county ordinances apply to unincorporated areas of Frederick County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 142-101. Unlawful disposal of solid waste; litter. A. It shall be unlawful for any person to drop, deposit, discard or otherwise dispose of litter in or upon any public or private property within the County, including but not restricted to any street, sidewalk, park, body of water and vacant or occupied lot, except in public receptacles or in authorized private receptacles provided for public use, or in an area designated by the State Department of Health as a permitted disposal site. ... ... § 142-107. Violations and penalties. Unless otherwise specifically provided, any person convicted of violating any provision of this article shall be punishable by a fine of not less than $50 and not more than $500 or by incarceration in jail for not more than 30 days, or by both such fine and incarceration.

Full Breakdown

Frederick County Code § 142-101(A) prohibits dropping, depositing, discarding or otherwise disposing of litter in or upon any public or private property within the County, naming streets, sidewalks, parks, bodies of water and vacant or occupied lots specifically. The only exceptions are public receptacles, authorized private receptacles provided for public use, or a site the State Department of Health has designated as a permitted disposal location. The prohibition applies countywide, outside Winchester, Stephens City and Middletown, which enforce their own codes.

Enforcement does not require catching someone in the act of throwing trash from a car window. Under § 142-101(B), if litter has been ejected from a motor vehicle, the driver of that vehicle is presumed to be the person responsible, though that presumption can be rebutted with competent evidence.

Article V of Chapter 142 backs the ban with related duties: § 142-104 makes it unlawful for an owner, agent or contractor to let litter accumulate on a construction or demolition site, and requires litter receptacles be furnished and emptied daily. Section 142-106 lets the County clean up litter itself on commercial, industrial or institutional property, or a construction site, after 10 days' written notice, and bill the owner; an unpaid bill after 30 days becomes a lien on the property under Title 58.1 of the Code of Virginia.

Violations & Fines

Section 142-107 sets Article V's penalty: a conviction for unlawful litter disposal under § 142-101 is punishable by a fine of not less than $50 and not more than $500, up to 30 days in jail, or both. State civil penalties under Title 10.1, Article 3, § 1418.1 of the Code of Virginia can also apply.

Frequently Asked Questions

What is the fine for illegal dumping in Frederick County?
Section 142-107 of the County Code sets a fine of not less than $50 and not more than $500 for a litter conviction under § 142-101, along with up to 30 days in jail, or both. State civil penalties can also apply under Virginia Code § 1418.1.
If litter blows out of my car, am I responsible?
Frederick County assumes so. Section 142-101(B) presumes the driver of a vehicle is the person who ejected litter observed coming from that vehicle, though the driver can rebut that presumption with competent evidence in court.
Who enforces litter rules on a construction site?
Section 142-104 puts the duty on the owner, agent or contractor in charge, who must furnish litter receptacles and collect and contain litter daily. Section 142-106 lets the County clean up the site itself after 10 days' written notice and bill the owner.

Sources & Official References

Other rules in Frederick County

All Frederick County rules

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