How To Get A Burn Permit in VA
Air Curtain Burner / Destructor Burn Permits in Virginia
In this Article:
Virginia, Open Burning, and Burn Permits
Virginia Burn Bans
Virginia Burn Permit Phone Numbers
When deciding if you will burn in any city or state, it is always important to confirm any and all laws, rules, and regulations with the local authorities. Sometimes, in a particular locality (city, county, etc) , laws can differ from the general state regulations. Below are general guidelines and rules, as well as contact information that will help you find the right people to speak to.
How Do I Get A Burn Permit in Virginia?
Burning in Virginia, whether using an ACB or not, is considered “open burning”. Therefore, all burns in Virginia should follow the regulations for an open burn, even if an ACB is being used. These regulations can be found here.
Please note subpoints 8 – 10 under the Sub-section: 9VAC5-130-40. Permissible open burning.
- Open burning or the use of special incineration devices is permitted on site for the destruction of clean burning waste and debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other clearing operations. Open burning or the use of special incineration devices for the purpose of such destruction is prohibited from May 1 through September 30.
- Open burning is permitted for forest management, agricultural practices, and highway construction and maintenance programs approved by the board (see 9VAC5-130-50), provided the following conditions are met:
- The burning shall be at least 1,000 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; and
- The burning shall be attended at all times.
- Open burning or the use of special incineration devices is permitted for the destruction of clean burning waste and debris waste on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas. Open burning or the use of special incineration devices for the purpose of such destruction is prohibited May 1 through September 30.
For the full regulations, such as the required distance from structures, and to ensure you adhere to all of them, please visit Virginia’s official LIS Law website .
For ACB specific information, please note the Air Permit Guidance for Air Curtain Incinerators page, located here.
Again, always check with local authorities to confirm there are no additional laws that must be adhered to.
Burn Bans in Virginia
Virginia has a state-wide burn ban from February 15th until April 30th, during which time no day time burning is allowed before 4:00 pm. There is a Burn Ban Map available online which shows when additional Burn Bans are in force. However, as stated above, it is always recommended to also check with local authorities before burning to ensure that all regulations and bans are known and heeded. In some cases, there is a burn ban from May to September. To find out if this is applicable to you and your project, please reach out to the Department of Forestry.
Things to Know
Anyone who causes a fire in Virginia, accidental or willful, will be billed for the fire department’s mobilization and handling of the fire. This is the case during the entirety of the year, not just during burn bans. Therefore, please keep this in mind when weighing the options of open burning and burning with an Air Curtain. When used properly, Air Curtain Burners dramatically decrease the sparks, emissions, and smoke released into the air by a fire, protecting air quality and reducing the risk of wildfire.
Using an Air Curtain Burner, and burning in general, for collected waste, such as at a landfill, is currently prohibited under chapter 130. See here for reference.