Burn Ban in Botetourt County, VA: 4 PM Law and Penalties

There is no permanent burn ban in Botetourt County, VA, but overlapping state and local rules restrict outdoor burning near woodland from February 15 through May 15 each year, with fires allowed only between 4:00 PM and midnight during that window.¹² Outside those months, open-air burning of natural yard debris is generally allowed, but the Board of Supervisors can declare an emergency ban at any point during drought or high winds. Always call before you light.

Check for an Active Emergency Ban Before You Burn

Call the Botetourt County Emergency Communications Center at (540) 473-8631 before starting any outdoor fire. The county encourages this call year-round, and it is the fastest way to confirm whether an emergency burn ban is currently in effect.³ Emergency declarations from the Board of Supervisors override the normal seasonal rules and can prohibit all outdoor fires until conditions improve. The Virginia Department of Forestry also publishes broader fire-weather conditions for the region.

Virginia’s 4 PM Burning Law

Under Virginia Code § 10.1-1142, from February 15 through April 30 you cannot start any open-air fire within 300 feet of woodland, brushland, or a field of dry grass except between 4:00 PM and midnight.¹ The midnight cutoff is real: a fire at 2:00 AM during the restricted season is just as illegal as one at noon. The Department of Forestry treats any outdoor fire where smoke doesn’t pass through a chimney as an “open-air fire” subject to the law.⁴

The Botetourt County Extension Through May 15

Botetourt County’s own ordinance, in Chapter 11 of the county code, runs longer than the state law. It prohibits fires within 300 feet of woodland or brushland from March 1 through May 15 outside the 4:00 PM to midnight window.² Stacked together, the practical restricted season for Botetourt residents runs from February 15 through May 15.

What You Can and Cannot Burn

Legal outdoor fires are limited to natural vegetation from your own property: fallen leaves, tree trimmings, brush, and small stumps. The fire must be on land you own or lease, and you have to take reasonable precautions to keep it from spreading.¹

Household trash, plastic, rubber, tires, asphalt shingles, and treated lumber cannot be burned outdoors at any time. Federal regulations under 40 CFR Part 257 separately ban open burning of residential and commercial solid waste.⁵ Even outside the restricted season, you are limited to natural yard debris.

Grills, Fire Pits, and Campfires

Not every outdoor flame counts as an open-air fire under the 4 PM law. The Virginia Department of Forestry recognizes these exemptions:⁴

Standard gas and charcoal grills are exempt. Open, unenclosed charcoal grills of the type found in public parks are not.
Commercial fire pits and chimineas are exempt if they are fully enclosed and covered with a metal screen of quarter-inch mesh or smaller, in good condition.
Fires more than 300 feet from any woods or flammable vegetation that could carry fire to the woods fall outside the 4 PM restriction.
Vineyard and orchard owners may set fires to protect crops from frost damage during the restricted season.
Certified prescribed burn managers can apply to the State Forester for exemption permits for specific burns.

An ordinary campfire is not exempt by default. A campfire contained in a rock, cinder block, or metal ring and covered with a quarter-inch metal screen may be acceptable, but only if you clear all flammable material within 20 feet, keep water and tools on hand, and stay with the fire the entire time.

Safety Requirements

State law requires “all reasonable care and precaution” before lighting an outdoor fire, including clearing around the burn area to keep the fire from spreading onto other property.¹ The statute does not give exact distances for that clearing, but one requirement is specific and enforceable: any open-air fire within 150 feet of woodland, brushland, or a dry-grass field must be completely extinguished before you leave, and it cannot be left unattended at any point. Keep a pressurized water hose within reach, or at minimum a shovel and rake.

Penalties and Suppression Costs

Violating the state’s 4 PM Burning Law is a Class 3 misdemeanor, punishable by a fine of up to $500 with no jail time.¹⁶ Violating the Botetourt County ordinance carries a separate fine of $10 to $100 per offense.²

The larger exposure is suppression cost. If an illegal fire escapes, the person who started it is liable for the full cost of putting it out. The State Forester can sue on behalf of the Commonwealth to recover firefighting expenses, and Botetourt County’s ordinance gives the Board of Supervisors the same authority to recover local costs.¹² Depending on how many resources respond, those costs can reach into the thousands. Neighbors may also bring civil claims for property damage, and a homeowners insurance policy may deny coverage if the insurer finds the fire resulted from gross negligence or an illegal act.

1
Virginia Code Commission. Virginia Code 10.1-1142 – Regulating the Burning of Woods, Brush, Etc; Penalties
2
Botetourt County, VA. Botetourt County Code of Ordinances – Chapter 11, Burning of Woods, Brush, Etc
3
Botetourt County, VA. 4:00PM Burn Law
4
Virginia Department of Forestry. 4 PM Burning Law
5
U.S. Environmental Protection Agency. Requirements and Regulations for Open Burning and Fire Training
6
Virginia Code Commission. Virginia Code Title 18.2, Chapter 1, Article 3 – Classification of Criminal Offenses and Punishment Therefor