It is strictly regulated.
Open burning in Virginia is permitted only under stringent conditions enforced by state and local authorities. The Virginia Department of Environmental Quality (DEQ) and local fire marshals regulate activities like agricultural burning, land clearing, and residential debris burning, which require permits or adherence to specific exemptions. Violations may result in fines or criminal liability, particularly under the 2024 amendments to the Virginia Air Pollution Control Law, which tighten enforcement ahead of the 2026 federal ozone compliance deadlines.
Key Regulations for Open Burning in Virginia
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Permit Requirements: Open burning typically requires a permit from the DEQ or local fire department, except for exemptions like campfires or ceremonial fires. Agricultural burning permits are issued under the Virginia Agricultural Burning Guidelines, with seasonal restrictions during ozone season (May–September).
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Prohibited Materials: Burning household trash, construction debris, tires, or treated wood is illegal statewide. The DEQ enforces these bans under 9VAC5-40-20, aligning with federal Clean Air Act standards to reduce particulate matter (PM2.5) and volatile organic compounds (VOCs).
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Local Variability: Counties like Fairfax and Arlington impose additional restrictions, including burn bans during air quality alerts. The 2024 Virginia General Assembly expanded local authority to prohibit open burning in non-attainment areas, effective January 2025.