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Tree waste rules in Virginia: open burning of brush, clearing debris and the 4 p.m. rule

What section 10.1-1142 of the Code of Virginia and the State Air Pollution Control Board's open burning regulation say about burning brush, tree trimmings and clearing debris, the May to September ban and the February to April burning hours.

Checked against the sources at the bottom of this page on October 8, 2026. Rules, fees and pay change: the source has the last word.

This page reports what the official source says. It is not legal advice: ask the office named here. It follows the Code of Virginia and the Virginia Administrative Code as published by the Virginia General Assembly's law site, read on October 8, 2026.

Burning hours and fire precautions

According to section 10.1-1142 of the Code of Virginia, an owner or lessee who sets fire to woods, brush, logs, leaves, grass or debris on their land must first take all reasonable care, by cutting and piling it or clearing around it, to stop the fire spreading to other land. The same applies to employees. For February 15 through April 30, in counties and cities organized for forest fire control under the State Forester, the section makes it unlawful to set fire to brush, leaves, grass or debris in or within 300 feet of woodland, brushland or a field of dry grass except between 4:00 p.m. and 12:00 midnight. It lists exceptions for fires set against frost damage to orchards and vineyards, fires on federal land, and certain prescribed burns.

The section also says a person who builds a fire in the open within 150 feet of woodland, brushland or a field of dry grass must put it out completely before leaving and not leave it unattended. A violation is a Class 3 misdemeanor for each separate offense, and a person whose violation starts a forest fire is liable to the Commonwealth for suppression costs.

What the air regulation says

The regulation for open burning, chapter 130 of Agency 5 of Title 9, opens with prohibitions in section 9VAC5-130-30. It bars open burning of refuse except as section 40 allows. It bars burning rubber tires, asphaltic materials, crankcase oil, impregnated wood and other rubber or petroleum based materials, hazardous waste, and burning for a salvage operation or to destroy commercial or industrial waste. It bars burning during an air pollution episode.

The list of allowed burning in section 9VAC5-130-40 includes the following.

  • On-site destruction of leaves and tree, yard and garden trimmings on private property, provided no regularly scheduled collection service for them is available at the adjacent street or public road.
  • On-site destruction of clean burning waste and debris waste from property maintenance, from roads, parking areas, railroad tracks, pipelines, power and communication lines, buildings or any other clearing operation. The section prohibits this burning from May 1 through September 30.
  • On-site destruction of animal or plant life infested, or believed to be infested, by a pest or disease, when the board approves it under controlled conditions.
  • Camp fires and other fires used solely for recreational or ceremonial purposes, outdoor noncommercial cooking and warming outdoor workers, with the materials in section 30 left out.

The section adds that permitted burning does not excuse the burner from other laws, from liability for damage, or from the Department of Forestry's enforcement of section 10.1-1142, and that it does not excuse breaking the Waste Management Board's regulations on waste burning or hauling waste to be burned.

Forestry and highway programs

Under the rules in section 9VAC5-130-50, open burning may be used for forest management practices that follow the Department of Forestry's smoke management plan, for listed agricultural practices where there is no other means of disposal, and for vegetative debris from Virginia Department of Transportation highway work that follows its approved best management practices. For the highway case it lists no liquid accelerants, no building debris, treated or painted wood, paper, cardboard, tires, metal or garbage, and no more than one burn event per regular burn site in a 60 day period.

For other places see the table on tree waste and chip rules. Washington has its own page: tree waste rules in Washington.

Sources