                                 CODE OF VIRGINIA

REGULATING THE BURNING OF WOODS, BRUSH, ETC.; PENALTIES (§ 10.1-1142)

A. It shall be unlawful for any owner or lessee of land to set fire to, or to
procure another to set fire to, any woods, brush, logs, leaves, grass, debris,
or other inflammable material upon such land unless he previously has taken all
reasonable care and precaution, by having cut and piled the same or carefully
cleared around the same, to prevent the spread of such fire to lands other than
those owned or leased by him. It shall also be unlawful for any employee of any
such owner or lessee of land to set fire to or to procure another to set fire to
any woods, brush, logs, leaves, grass, debris, or other inflammable material,
upon such land unless he has taken similar precautions to prevent the spread of
such fire to any other land.

B. Except as provided in subsection C, during the period February 15 through
April 30 of each year, even though the precautions required by the foregoing
subsection have been taken, it shall be unlawful, in any county or city or
portion thereof organized for forest fire control under the direction of the
State Forester, for any person to set fire to, or to procure another to set fire
to, any brush, leaves, grass, debris or field containing dry grass or other
inflammable material capable of spreading fire, located in or within 300 feet of
any woodland, brushland, or field containing dry grass or other inflammable
material, except between the hours of 4:00 p.m. and 12:00 midnight.
			The provisions of this subsection shall not apply to any fires which may be
set to prevent damage to orchards or vineyards by frost or freezing temperatures
or be set on federal lands.

C. Subsection B shall not apply to any fire set during the period beginning
February 15 through April 30 of each year, if:

   1. The fire is set for &#8220;prescribed burning&#8221; that is conducted in
   accordance with a &#8220;prescription&#8221; and managed by a &#8220;certified
   prescribed burn manager&#8221; as those terms are defined in &#xA7;
   10.1-1150.1;

   2. The burn is conducted in accordance with &#xA7; 10.1-1150.4;

   3. The State Forester has, prior to February 1, approved the prescription for
   the burn; and

   4. The burn is being conducted for one of the following purposes: (i) control
   of exotic and invasive plant species that cannot be accomplished at other
   times of the year, (ii) wildlife habitat establishment and maintenance that
   cannot be accomplished at other times of the year or, (iii) management
   necessary for natural heritage resources.
   				The State Forester may on the day of any burn planned to be conducted
   pursuant to this subsection revoke his approval of the prescription for the
   burn if hazardous fire conditions exist. The State Forester may revoke the
   certification of any certified prescribed burn manager who violates any
   provision of this subsection.

D. Any person who builds a fire in the open air, or uses a fire built by another
in the open air, within 150 feet of any woodland, brushland or field containing
dry grass or other inflammable material, shall totally extinguish the fire
before leaving the area and shall not leave the fire unattended.

E. Any person violating any provisions of this section shall be guilty of a
Class 3 misdemeanor for each separate offense. If any forest fire originates as
a result of the violation by any person of any provision of this section, such
person shall, in addition to the above penalty, be liable to the Commonwealth
for the full amount of all expenses incurred by the Commonwealth in suppressing
such fire. Such amounts shall be recoverable by action brought by the State
Forester in the name of the Commonwealth on behalf of the Commonwealth and
credited to the Forestry Operations Fund.

HISTORY: Code 1950, §§ 10-62, 10-63; 1964, c. 79; 1986, c. 188; 1988, c. 891;
1996, cc. 74, 1008; 2001, c. 319; 2006, c. 228; 2017, c. 6.