Limit or control open burning to prevent health impacts and wildfires. You are open burning any time you light an outdoor fire without a chimney or a smokestack. Depending on what you burn, you could be releasing pollutants that can harm human health, corrode metals and damage paint, release annoying allergens, and be a nuisance to your neighbors. If an open fire goes out of control, it can damage property and threaten public safety.

What is better than burning?

What can I burn?

If you live in an area that does not have a local burning ordinance and you do not have curbside pickup, you can burn leaves and some household trash. Regulation 9VAC5-130-40 has a complete list of what and when households and certain businesses may burn.

What am I not allowed to burn?

  • No one in Virginia may burn tires or other hazardous materials at any time. Regulation 9VAC-130-30 has a complete list of opening burning prohibitions.
  • If you live in an area that restricts open burning, you must observe your local ordinance.
  • If you live in an area with a smog problem, there are specific prohibitions on certain activities during the prime smog months of May through September.

A map of localities subject to more stringent regulations is provided below:

VOC Control Area Regions Map

Who do I contact with questions or problems?

What are the rules for open burning in Virginia?

The State Air Pollution Control Board's Regulation for Open Burning specifies what materials may or may not be burned, and has seasonal restrictions on open burning for certain localities. The Virginia Department of Forestry provides information regarding outdoor fire laws and burn ban restrictions.

Open burning ordinance approval for localities

The Regulation for Open Burning includes a model local ordinance. The model rule provides an example for localities developing open burning ordinances. The model rule may be used without modification, or it may be made more stringent to address the jurisdiction’s needs; however, no ordinance can be approved that is less stringent than the regulation. 

Once a locality has decided to finalize an ordinance, it must be submitted for approval by DEQ prior to adoption by the locality. The request package to DEQ should include a copy of a letter from the duly authorized representative of the county or city requesting approval and a copy of the proposed ordinance. Submit the request package by email or mail to:

Michael Dowd
Director, Air & Renewable Energy Division
Virginia Department of Environmental Quality
PO Box 1105
Richmond, VA 23218

DEQ is responsible for reviewing local open burning ordinances. Staff is available to assist localities with the development of their ordinances. If you wish to have a preliminary review of the local ordinance prior to making an official request for approval, send the request for preliminary review to:

Eric Deibel
Resource and Data Coordinator
(804) 754-6228

Wood Heater Information

If you manufacture, own, or operate a wood heater in Virginia, you are subject to EPA’s New Source Performance Standard (NSPS) Subpart AAA, Standards of Performance for New Residential Wood Heaters. However, on March 23, 2015 the Virginia General Assembly amended and reenacted §§ 10.1-1300 and 10.1-1307 of the Code of Virginia that prohibits the State Air Pollution Control Board from adopting regulations that limit emissions from certain smaller wood heaters and from enforcing any federal regulations limiting emission from wood heaters that was adopted after May 1, 2014. If you have any questions regarding the wood heater regulation in Virginia, please contact Kris Hall at EPA Region 3 Air Protection Division at 215-814-2168 or Hall.Kristen@epa.gov.