Virginia’s burning law to go into effect soon, what you need to know

RICHMOND, Va. (WRIC) -- Virginia's 4 p.m. burning law will go into effect on Saturday. Here's what you need to know.

According to the Virginia Department of Forestry, Virginia's burn ban will be in effect from Saturday, Feb. 15, through April 30, in which open-air burning is prohibited before 4 p.m. if the fire is within 300 feet of the woods or dry grass.

However, burning is allowed between 4 p.m. and midnight as long as the person burning takes proper precautions and attends the fire at all times.

The Virginia Department of Forestry said it is important that people take precautions before creating a fire as there may be legal and financial implications as the person who started the fire is responsible for suppression costs if the fire escapes.

According to officials, violating the 4 p.m. burning law is a misdemeanor with a fine of up to $500.

Additionally, the department said some localities may have more restrictive regulations on outdoor burning than the state's 4 p.m. burning law, and all burners are encouraged to check with their locality before they start any outdoor burning.

What is open-air burning?

The Virginia Department of Forestry defines open-air burning as any outdoor fire that is not covered or contained within non-flammable barriers and the smoke from the fire does not pass through a chimney.

A typical campfire is considered an open-air fire. However, an open-air fire may be acceptable if it is completely contained within a ring of rocks, cinderblocks, a metal ring or a similar device and is covered by a quarter-inch or smaller metal screen.

If these criteria are met, the fire must still be attended at all times, and all flammable material should be cleared from a 20-foot area around the fire, according to officials. Campers must also have ready access to water, a rake and a shovel.

The department said fires burned in commercially-available chimineas or fire pits, which are completely contained, with a quarter-inch or smaller metal screen across the top of the firebox are not considered open-air fires and are legal if they are in good condition to prevent the spread of fire to surrounding areas.

Exemptions to 4 p.m. burning law

According to the department, the law does not apply to charcoal or gas-fired barbecue grills. However, open-air charcoal grills, like those found in a park setting, are considered open-air fires and must comply with the 4 p.m. burning law.

Users are still encouraged to take proper care and precaution by clearing all flammable material from around the grill and staying with it until it is completely extinguished or turned off.

According to officials, if burning operations are greater than 300 feet from the woods or flammable grass or vegetation that would allow the fire to spread to the woods, the 4 p.m. burning law does not apply.

However, certified prescribed burn managers can apply for exemption permits to complete specific types of burning during the restricted period.

Additionally, the department said vineyards and orchard owners are allowed to set fires in an attempt to protect their crops from damaging frost. To learn more about this exemption, go here.

To read the detailed state law regarding burning, go here.

Reason for the burning law

According to the Virginia Department of Forestry, debris burning is the number one cause of wildfires, closely followed by intentionally set or "arson" fires.

The burning law was adopted during the 1940s to reduce the number of wildfires that occurred each spring when Virginia has traditionally seen an increased number of fires.

The department said fires are more likely during late winter and early spring because winds are usually elevated, the relative humidity is lower and the fuels on the forest floor are extremely dry.

After 4 p.m., winds usually calm down and the relative humidity levels rise, both of which reduce the potential for a debris fire or any outdoor open-air fire to escape, according to officials.