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

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

Key Facts

Governing section
§ 9.1-66, Illegal Disposal Of Waste
Exceptions
Licensed auto graveyards; compliant brush/stump burning
Evidence rule
§ 9.1-67 presumes named trash owner dumped it
Default penalty
Class 1 misdemeanor under § 1-6
Continuing offense
Each day counts as a separate violation
Applies to
Unincorporated county, not Blacksburg/Christiansburg

Summary

In Montgomery County outside Blacksburg and Christiansburg, County Code § 9.1-66 makes it unlawful to dispose of or discard waste on any property not permitted by the state Department of Waste Management or operated under county contract as a disposal facility. Automobiles left in licensed junkyards and compliant land-clearing burn piles are excepted, but dumped waste otherwise triggers the chapter's default misdemeanor penalty.

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

It shall be unlawful to dispose of or discard any waste on any property not specifically permitted by the State Department of Waste Management and the county, or operated by, for or under contract with the county as a depository or disposal facility. This requirement shall not apply to the disposal of automobiles in licensed automobile grave yards. This section shall not apply to land clearing operations, the burning of brush and stumps being permitted provided that such burning is done in compliance with state law and the local fire department is notified. Stumps may not be buried.

Full Breakdown

1-66, in Article V of the Solid Waste chapter, is Montgomery County's core illegal-dumping prohibition: it bars disposing of or discarding waste anywhere except a facility specifically permitted by the Virginia Department of Waste Management or operated by, for, or under contract with the county as a depository or disposal site. The section carves out two exceptions: automobiles left in licensed automobile graveyards, and land-clearing operations that burn brush and stumps, so long as the burning follows state law and the local fire department is notified first; stumps still may not be buried.

1-67, backs enforcement with an evidentiary presumption: garbage or trash found on another person's property, or on public property outside a permitted facility, that bears a person's printed or written name or address is presumed in court to belong to that person and to have been placed or left there by them, though the presumption can be rebutted with competent evidence. 2-11 provides, and each day the dumping continues on the property is treated as a separate offense. 1-68 to inspect how waste is being handled, and the board of supervisors can also go to circuit court to seek an injunction or other order restraining a violation under § 1-6.

This rule reaches the unincorporated area, including Riner, Shawsville, Elliston, Prices Fork and Plum Creek, since Blacksburg and Christiansburg run their own solid waste codes inside town limits.

Violations & Fines

Dumping waste outside a permitted facility violates § 9.1-66 and, absent its own penalty clause, draws the county's default class 1 misdemeanor under § 1-6, punished as Code of Virginia § 18.2-11 provides, with each day the waste remains a separate offense. Investigators can rely on the § 9.1-67 presumption that mail or labels found in dumped trash identify the responsible party, and the board of supervisors may seek a circuit court injunction to stop repeat dumping.

Frequently Asked Questions

What counts as illegal dumping under Montgomery County's code?
Section 9.1-66 makes it unlawful to dispose of or discard waste on any property that is not specifically permitted by the Virginia Department of Waste Management or operated by, for, or under contract with the county as a depository or disposal facility. That covers dumping on vacant land, roadsides or a neighbor's property just as much as an unauthorized private dump site.
Are there any exceptions to the dumping ban?
Yes, two. Automobiles left in licensed automobile graveyards are excepted, and land-clearing operations may burn brush and stumps if the burning follows state law and the local fire department is notified beforehand. Stumps still cannot be buried under either exception, and neither applies to ordinary household or commercial waste.
What is the penalty for illegal dumping in the county?
Section 9.1-66 carries no penalty clause of its own, so the county's default rule at § 1-6 applies: it is a class 1 misdemeanor punished as Code of Virginia § 18.2-11 provides, and each day the dumped waste remains is treated as a separate offense.
How does the county prove who dumped the trash?
Under § 9.1-67, garbage or trash found on someone else's property or on public property outside a permitted facility that bears a person's printed or written name or address is presumed in court to be that person's and to have been placed there by them, though the person can rebut the presumption with competent evidence.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

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