What is Open Burning?

The code defines openburning as the burning of any materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.

How to Obtain a Burn Permit

A burn permit must be obtained before burning.  There is no fee charged for a burn permit and you are not required to come to the office to obtain a burn permit.  You can obtain a burn permit by calling the Rockingham County Department of Fire & Rescue Office at (540) 564-3175, Monday through Friday, between 8:00 a.m. and 5:00 p.m.  You may apply for a permit up to one week prior to when you plan to burn, and you should call for a permit at least one day prior to when you plan to burn.  Burn permits cannot be obtained after normal business hours.

Open Burning Permit Requirements

This information is provided to assist you in understanding the provisions of the Rockingham County Fire Prevention Code relating to open burning.  If you are located within an incorporated town you should check to see if there are more restrictive town ordinances.

A burn permit is required to burn brush piles, leaves, grass clippings, tree trimmings, garden waste, weeds and similar types of landscape waste, bon fires, and for recognized agricultural or horticultural management purposes to maintain or increase the quantity or quality of agricultural or horticultural production.

A burn permit is not required to burn highway safety flares, smudge pots or similar occupational needs, recreation fires or outdoor fires utilized to cook food for human consumption.

Any material to be burnt must be at least 50 feet from any structure, including power and utility lines.  Provisions shall be made to prevent the fire from spreading to within 50 feet of any structure.

Any open burning must be constantly attended until the fire is completely extinguished.  This means someone must be at the fire the entire time it is burning.  A fire left unattended even for a moment is likely to escape.

You must have on-site and readily available a means to estinguish the fire.  The methods of extinguishment may include a fire extinguisher, garden hose, buckets of water, heavy equipment, etc.

When You May Burn

After obtaining your burn permit you may burn at anytime of the day, except during the period of February 15 through April 30 when the Virginia Deparmtent of Forestry's 4:00 p.m. restriction is in effect.

Virginia Department of Forestry's Burn Law

No burning until after 4:00 p.m. February 15 through April 30 of each year, if the fire is in or within 300 feet of woodland, brushland, or field containing dry grass or other inflammable material.

The fire shall not be left unattended if within 150 feet of woodland or dry fuel.

No new fires set of fuel added after midnight.

Law applies to campfires, warming fires, brush piles, stumps, fields, of broomstraw and brush, or anything capable of spreading fire.

The law provides for a penalty of up to $500, plus payment of court costs and fire suppression costs if the fire escapes.

Prohibited Burning

The Rockingham County Fire Prevention Code Prohibits the open burning of household trash, waste, constrution debris, rubber tires, asphalt shingles, plastics, rubber, vinyl, or similar items.  The Fire Marshal's Office may ban open burning that is offensive or objectionable due to smoke, odor, emissions, or when atmospheric conditions or local circumstances make such fires hazardous.  The Fire Marshal's Office may order the extinguishment of any open burning that creates or adds to a hazardous or objectionable situation and may revoke active burn permits as circumstances dictate.  Furthermore, the Virginia Department of Forestry may ban burning during high fire danger periods.

Violations of any provisions of the Rockingham County Fire Prevention Code is a Class 1 misdemeanor, punishable by confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.  Furthermore, any landowner or responsible party who sets a fire or causes a fire to be set may be held liable by the Virginia Department of Forestry for extinguishment cost if the fire escapes.  This liability exists even when all provisions of various codes are followed.