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1. What is the 4 PM Burning Law

Virginia’s 4 PM Burning Law is in effect from February 15 through April 30 each year. It is important to note that some localities may have even more restrictive regulations on outdoor burning than the state’s 4 PM Burning Law. All burners are encouraged to check with their locality before starting any outdoor burning.

The 4 PM Burning Law bans open-air burning prior to 4:00 p.m. if the fire is within 300 feet of the woods or dry grass which could carry fire to the woods. Burning is allowed between 4:00 p.m. and midnight as long as the burner takes proper precautions and attends the fire at all times.

It is critical that burners take precautions before using fire, as there may be legal and financial implications. Even if a person takes all proper precautions and obtains any locally required permits, whoever started the fire is responsible for suppressions costs should the fire escape. Violation of the 4 PM Burning Law is a Class 3 misdemeanor with a fine of not more than $500.

2. What is the reason for the 4 PM Burning Law?

Debris burning is the number one cause of wildfires, closely followed by intentionally set or “arson” fires. The 4 PM Burning Law was adopted during the 1940s to reduce the number of wildfires which occurred each spring, when Virginia has traditionally seen an increased number of fires.

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, having “cured” all winter without the shade of tree leaves. After 4:00 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.

3. Are there exemptions to the 4 PM Burning Law?

This law does not apply to charcoal or gas-fired barbeque grills. Users are still encouraged to take proper care and precaution by clearing all flammable material from around the grill and stay with it until it is completely extinguished or turned off.

If burning operations are greater than 300 feet from the woods or flammable grass/vegetation that would allow the fire to spread to the woods, the 4 PM Burning Law does not apply. Otherwise, there are few exceptions to the 4 PM Burning Law.

However, Prescribed Burn Managers certified by the Virginia Department of Forestry can apply for exemption permits to complete specific types of burning during the restricted period.

4. What is the penalty for violating the 4 PM Burning Law?

Violation of the 4 PM Burning Law is a class 3 misdemeanor punishable with a fine of not more than $500.

5. Can I use my charcoal or gas fire fired barbeque grill?

This law does not apply to charcoal or gas-fired barbeque grills. Citizens are still encouraged to take proper care and precaution by clearing all flammable material from around the grill and stay with it until it is completely extinguished or turned off.

6. Are building contractors and road construction jobs exempt from the 4 PM Burning Law?

No, however, building contractor and road construction jobs can apply for an exemption permit through the Chesapeake Fire Marshal's Office to complete specific types of burning during the restricted period.