Virginia Administrative Code

Database updated through January 6, 2011

CHAPTER 130 

REGULATION FOR OPEN BURNING 

Part I 

General Provisions 

9VAC5-130-10. Applicability.

A. Except as provided in subsections C and D of this section, the provisions of this chapter apply to 

any person who permits or engages in open burning or who permits or engages in burning using special 

incineration devices.

B. The provisions of this chapter apply throughout the Commonwealth of Virginia.

C. The provisions of this chapter do not apply to such an extent as to prohibit the burning of leaves by 

persons on property where they reside if the local governing body of the county, city or town in which 

such persons reside has enacted an otherwise valid ordinance (under the provisions of § 10.1-1308 of the 

Virginia Air Pollution Control Law) regulating such burning in all or any part of the locality.

D. The provisions of this chapter do not apply to air curtain incinerators subject to the provisions of (i) 

Article 45 (9VAC5-40-6250 et seq.), Article 46 (9VAC5-40-6550 et seq.), or Article 54 (9VAC5-40-7950 et 

seq.) of 9VAC5-40 (Existing Stationary Sources) or (ii) Subparts Eb, AAAA or CCCC of 40 CFR Part 60.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 

CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

9VAC5-130-20. Definitions.
A. For the purpose of these regulations and subsequent amendments or any orders issued by the 

board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this chapter, all terms not defined here shall have the meaning given them in 9VAC5-10 

(General Definitions), unless otherwise required by context.

C. Terms defined:

"Air curtain incinerator" means an incinerator that operates by forcefully projecting a curtain of air 

across an open chamber or pit in which combustion occurs. Incinerators of this type can be constructed 

above or below ground and with or without refractory walls and floor. Air curtain incinerators are not to be 

confused with conventional combustion devices with enclosed fireboxes and controlled air technology 

such as mass burn, modular, and fluidized bed combustors.

"Automobile graveyard" means any lot or place that is exposed to the weather and upon which more 

than five motor vehicles of any kind, incapable of being operated, and that it would not be economically 

practical to make operative, are placed, located or found.

"Built-up area" means any area with a substantial portion covered by industrial, commercial or 

residential buildings.

"Clean burning waste" means waste that is not prohibited to be burned under this chapter and that 

consists only of (i) 100% wood waste, (ii) 100% clean lumber or clean wood, (iii) 100% yard waste, or (iv) 

100% mixture of only any combination of wood waste, clean lumber, clean wood or yard waste.

"Clean lumber" means wood or wood products that have been cut or shaped and include wet, airdried, and kiln-dried wood products. Clean lumber does not include wood products that have been 

painted, pigment-stained, or pressure-treated by compounds such as chromate copper arsenate, 

pentachlorophenol, and creosote.

"Clean wood" means uncontaminated natural or untreated wood. Clean wood includes, but is not 

limited to, byproducts of harvesting activities conducted for forest management or commercial logging, or 

mill residues consisting of bark, chips, edgings, sawdust, shavings or slabs. It does not include wood that 
has been treated, adulterated, or chemically changed in some way; treated with glues, binders or resins; 

or painted, stained or coated.

"Commercial waste" means all solid waste generated by establishments engaged in business 

operations other than manufacturing or construction. This category includes, but is not limited to, waste 

resulting from the operation of stores, markets, office buildings, restaurants and shopping centers.

"Construction waste" means solid waste that is produced or generated during construction, 

remodeling, or repair of pavements, houses, commercial buildings and other structures. Construction 

waste consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and 

plastics if the metal or plastics are a part of the materials of construction or empty containers for such 

materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and 

garbage are not construction wastes and the disposal of such materials shall be in accordance with the 

regulations of the Virginia Waste Management Board.

"Debris waste" means wastes resulting from land clearing operations. Debris wastes include but are 

not limited to stumps, wood, brush, leaves, soil and road spoils.

"Demolition waste" means that solid waste that is produced by the destruction of structures, or their 

foundations, or both, and includes the same materials as construction waste.

"Garbage" means readily putrescible discarded materials composed of animal, vegetable or other 

organic matter.

"Hazardous waste" means a "hazardous waste" as described in 9VAC20-60 (Hazardous Waste 

Management Regulations).

"Household waste" means any waste material, including garbage, trash and refuse derived from 

households. For purposes of this regulation, households include single and multiple residences, hotels 

and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use 

recreation areas. Household wastes do not include sanitary waste in septic tanks (septage) that is 

regulated by other state agencies.
"Industrial waste" means any solid waste generated by manufacturing or industrial process that is not 

a regulated hazardous waste. Such waste may include but is not limited to waste resulting from the 

following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and 

related products/byproducts; inorganic chemicals; iron and steel manufacturing; leather and leather 

products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins 

manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and 

concrete products; textile manufacturing; transportation equipment; and water treatment. This term does 

not include mining waste or oil and gas waste.

"Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or 

junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or 

nonferrous material.

"Junkyard" means an establishment or place of business that is maintained, operated, or used for 

storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, 

and the term shall include garbage dumps and sanitary landfills.

"Landfill" means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris 

landfill. See Part I (9VAC20-80-10 et seq.) of 9VAC20-80 (Solid Waste Management Regulations) for 

further definitions of these terms.

"Local landfill" means any landfill located within the jurisdiction of a local government.

"Open burning" means the combustion of solid waste without:

1. Control of combustion air to maintain adequate temperature for efficient combustion;

2. Containment of the combustion reaction in an enclosed device to provide sufficient residence 

time and mixing for complete combustion; and

3. Control of the combustion products' emission.

"Open pit incinerator" means a device used to burn waste for the primary purpose of reducing the 

volume by removing combustible matter. Such devices function by directing a curtain of air at an angle 
across the top of a trench or similarly enclosed space, thus reducing the amount of combustion 

byproducts emitted into the atmosphere. The term also includes trench burners, air curtain incinerators 

and over draft incinerators.

"Refuse" means all solid waste products having the characteristics of solids rather than liquids and 

that are composed wholly or partially of materials such as garbage, trash, rubbish, litter, residues from 

clean up of spills or contamination or other discarded materials.

"Salvage operation" means any operation consisting of a business, trade or industry participating in 

salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor 

oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards 

and junkyards.

"Sanitary landfill" means an engineered land burial facility for the disposal of household waste that is 

so located, designed, constructed, and operated to contain and isolate the waste so that it does not pose 

a substantial present or potential hazard to human health or the environment. A sanitary landfill also may 

receive other types of solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous 

waste from conditionally exempt small quantity generators, construction, demolition, or debris waste and 

nonhazardous industrial solid waste. See Part I (9VAC20-80-10 et seq.) of 9VAC20-80 (Solid Waste 

Management Regulations) for further definitions of these terms.

"Smoke" means small gas-borne particulate matter consisting mostly, but not exclusively, of carbon, 

ash and other material in concentrations sufficient to form a visible plume.

"Special incineration device" means an open pit incinerator, conical or teepee burner, or any other 

device specifically designed to provide good combustion performance.

"Wood waste" means untreated wood and untreated wood products, including tree stumps (whole or 

chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 

Wood waste does not include:

1. Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from residential, 
commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or 

public lands.

2. Construction, renovation, or demolition wastes.

3. Clean lumber.

"Yard waste" means grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs 

that come from residential, commercial/retail, institutional, or industrial sources as part of maintaining 

yards or other private or public lands. Yard waste does not include (i) construction, renovation, and 

demolition wastes or (ii) clean wood.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 

CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

9VAC5-130-30. Open burning prohibitions.

A. No owner or other person shall cause or permit open burning of refuse or use of special incineration 

devices except as provided in 9VAC5-130-40.

B. No owner or other person shall cause or permit open burning or the use of a special incineration 

device for the destruction of rubber tires, asphaltic materials, crankcase oil, impregnated wood or other 

rubber or petroleum based materials except when conducting bona fide fire fighting instruction at fire 

fighting training schools having permanent facilities.

C. No owner or other person shall cause or permit open burning or the use of a special incineration 

device for the destruction of hazardous waste or containers for such materials.

D. No owner or other person shall cause or permit open burning or the use of a special incineration 

device for the purpose of a salvage operation or for the destruction of commercial/industrial waste.

E. Upon declaration of an alert, warning or emergency stage of an air pollution episode as described 
in 9VAC5-70 (Air Pollution Episode Prevention) or when deemed advisable by the board to prevent a 

hazard to, or an unreasonable burden upon, public health or welfare, no owner or other person shall 

cause or permit open burning or use of a special incineration device; and any in-process burning or use of 

special incineration devices shall be immediately terminated in the designated air quality control region.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 

CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

9VAC5-130-40. Permissible open burning.

A. Open burning or the use of special incineration devices is permitted in the following instances 

provided the provisions of subsections B through E of 9VAC5-130-30 are met:

1. Upon the request of an owner or a responsible civil or military public official, the board may 

approve open burning or the use of special incineration devices under controlled conditions for the 

elimination of a hazard that constitutes a threat to the public health, safety or welfare and that 

cannot be remedied by other means consonant with the circumstances presented by the hazard. 

Such uses of open burning or the use of special incineration devices may include, but are not 

limited to, the following:

a. Destruction of deteriorated or unused explosives and munitions on government or private 

property when other means of disposal are not available. Hazardous waste permits may be 

required under the provisions of 9VAC20-60 (Hazardous Waste Management Regulations).

b. Destruction of debris caused by floods, tornadoes, hurricanes or other natural disasters 

where alternate means of disposal are not economical or practical and when it is in the best 

interest of the citizens of the Commonwealth. Solid waste management permits may be 

required under the provisions of 9VAC20-80 (Solid Waste Management Regulations).
c. On-site destruction of animal or plant life that is infested, or reasonably believed to be 

infested, by a pest or disease in order to (i) suppress, control, or eradicate an infestation or 

pest; (ii) prevent or retard the spread of an infestation or pest; or (iii) prevent further disease 

transmission or progression.

2. Open burning is permitted for training and instruction of government and public firefighters under 

the supervision of the designated official and industrial in-house firefighting personnel with 

clearance from the local firefighting authority. The designated official in charge of the training shall 

notify and obtain the approval of the regional director prior to conducting the training exercise. 

Training schools where permanent facilities are installed for firefighting instruction are exempt from 

this notification requirement. Buildings that have not been demolished may be burned under the 

provisions of this subdivision only.

3. Open burning or the use of special incineration devices is permitted for the destruction of 

classified military documents under the supervision of the designated official.

4. Open burning is permitted for camp fires or other fires that are used solely for recreational 

purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for 

warming of outdoor workers provided the materials specified in subsections B and C of 9VAC5-

130-30 are not burned.

5. In urban areas, open burning is permitted for the on-site destruction of leaves and tree, yard and 

garden trimmings located on the premises of private property, provided that no regularly scheduled 

public or private collection service for such trimmings is available at the adjacent street or public 

road. In nonurban areas, open burning is permitted for the on-site destruction of leaves and tree, 

yard and garden trimmings located on the premises of private property regardless of the availability 

of collection service for such trimmings.

6. Open burning is permitted for the on-site destruction of household waste by homeowners or 

tenants, provided that no regularly scheduled public or private collection service for such refuse is 

available at the adjacent street or public road.
7. Open burning is permitted for the destruction of any combustible liquid or gaseous material by 

burning in a flare or flare stack. Use of a flare or flare stack for the destruction of hazardous waste 

or commercial/industrial waste is allowed provided written approval is obtained from the board and 

the facility is in compliance with Article 3 (9VAC5-40-160 et seq.) of 9VAC5-40 (Existing Stationary 

Sources) and Article 3 (9VAC5-50-160 et seq.) of 9VAC5-50 (New and Modified Stationary 

Sources). Permits issued under 9VAC5-80 (Permits for Stationary Sources) may be used to satisfy 

the requirement for written approval. This activity must be consistent with the provisions of 

9VAC20-60 (Virginia Hazardous Waste Regulations).

8. 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 in volatile organic compounds emissions control areas (see 9VAC5-20-

206) during May, June, July, August, and September.

9. Open burning is permitted for forest management and agriculture practices approved by the 

board (see 9VAC5-130-50), provided the following conditions are met:

a. 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

b. The burning shall be attended at all times.

10. 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 in volatile organic compounds emissions control areas 
(see 9VAC5-20-206) during May, June, July, August, and September.

B. Open burning or the use of special incineration devices permitted under the provisions of this 

chapter does not exempt or excuse any owner or other person from the consequences, liability, damages 

or injuries that may result from such conduct; nor does it excuse or exempt any owner or other person 

from complying with other applicable laws, ordinances, regulations and orders of the governmental 

entities having jurisdiction, even though the open burning is conducted in compliance with this chapter. In 

this regard special attention should be directed to § 10.1-1142 of the Code of Virginia, which is enforced 

by the Department of Forestry.

C. With regard to the provisions of subsection B of this section, special attention should also be 

directed to the regulations of the Virginia Waste Management Board. No destruction of waste by open 

burning or transportation of waste to be destroyed by open burning shall take place in violation of the 

regulations of the Virginia Waste Management Board.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 

CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

9VAC5-130-50. Forest management and agricultural practices.

A. Open burning is permitted in accordance with subsections B and C of this section provided the 

provisions of subsections B through E of 9VAC5-130-30 are met.

B. Open burning may be used for the following forest management practices provided the burning is 

conducted in accordance with the Department of Forestry's smoke management plan to:

1. Reduce forest fuels and minimize the effect of wild fires.

2. Control undesirable growth of hardwoods.

3. Control disease in pine seedlings.
4. Prepare forest land for planting or seeding.

5. Create a favorable habitat for certain species.

6. Remove dead vegetation for the maintenance of railroad, highway and public utility right-of-way.

C. In the absence of other means of disposal, open burning may be used for the following agricultural 

practices to:

1. Destroy undesirable or diseased vegetation.

2. Clear orchards and orchard prunings.

3. Destroy empty fertilizer and chemical containers.

4. Denature seed and grain that may no longer be suitable for agricultural purposes.

5. Prevent loss from frost or freeze damage.

6. Create a favorable habitat for certain species.

7. Destroy strings and plastic ground cover remaining in the field after being used in growing 

staked tomatoes.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 

CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

9VAC5-130-60. Waivers.

A. A waiver from any provision of this chapter may be granted by the board for any person or 

geographic area provided that satisfactory demonstration is made that another state or local government 

entity has in effect statutory provisions or other enforceable mechanisms that will achieve the objective of 

the provision from which the waiver is granted.

B. Demonstrations made pursuant to subsection A of this section should, at a minimum, meet the 
following criteria:

1. Show that the statutory provisions or other enforceable mechanisms essentially provide the 

same effect as the provision from which the waiver is granted.

2. Show that the governmental entity has the legal authority to enforce the statutory provisions or 

enforceable mechanisms.

C. Waivers under subsection A of this section shall be executed through a memorandum of 

understanding between the board and affected governmental entity and may include such terms and 

conditions as may be necessary to ensure that the objectives of this chapter are met by the waiver.

D. A waiver from any applicable provision of this chapter may be granted by the board for any locality 

that has lawfully adopted an ordinance in accordance with 9VAC5-130-100.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 

CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

9VAC5-130-70. (Reserved.)

Historical Notes

Reserved, Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

9VAC5-130-80. (Reserved.)

Historical Notes

Reserved, Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

9VAC5-130-90. (Reserved.)

Historical Notes

Reserved, Virginia Register Volume 25, Issue 12, eff. March 18, 2009.
Part II 

Local Ordinances 

9VAC5-130-100. Local ordinances on open burning.

A. General.

1. If the governing body of any locality wishes to adopt an ordinance relating to air pollution and 

governing open burning within its jurisdiction, the ordinance must first be approved by the board 

(see § 10.1-1321 B of the Code of Virginia).

2. In order to assist local governments in the development of ordinances acceptable to the board, 

the ordinance in subsection C of this section is offered as a model.

3. If a local government wishes to adopt the language of the model ordinance without changing any 

wording except that enclosed by parentheses, that government's ordinance shall be deemed to be 

approved by the board on the date of local adoption provided that a copy of the ordinance is filed 

with the department upon its adoption by the local government.

4. If a local government wishes to change any wording of the model ordinance aside from that 

enclosed by parentheses in order to construct a local ordinance, that government shall request the 

approval of the board prior to adoption of the ordinance by the local jurisdiction. A copy of the 

ordinance shall be filed with the department upon its adoption by the local government.

5. Local ordinances that have been approved by the board prior to April 1, 1996, remain in full 

force and effect as specified by their promulgating authorities.

B. Establishment and approval of local ordinances varying from the model.

1. Any local governing body proposing to adopt or amend an ordinance relating to open burning 

that differs from the model local ordinance in subsection C of this section shall first obtain the 

approval of the board for the ordinance or amendment as specified in subdivision A 4 of this 

section. The board in approving local ordinances will consider, but will not be limited to, the 

following criteria:
a. The local ordinance shall provide for intergovernmental cooperation and exchange of 

information.

b. Adequate local resources will be committed to enforcing the proposed local ordinance.

c. The provisions of the local ordinance shall be as strict as state regulations, except as 

provided for leaf burning in § 10.1-1308 of the Virginia Air Pollution Control Law.

d. If a waiver from any provision of this chapter has been requested under 9VAC5-130-60, the 

language of the ordinance shall achieve the objective of the provision from which the waiver is 

requested.

2. Approval of any local ordinance may be withdrawn if the board determines that the local 

ordinance is less strict than state regulations or if the locality fails to enforce the ordinance.

3. If a local ordinance must be amended to conform to an amendment to state regulations, such 

local amendment will be made within six months of the effective date of the amended state 

regulations.

4. Local ordinances are a supplement to state regulations. Any provisions of local ordinances that 

have been approved by the board and are more strict than state regulations shall take precedence 

over state regulations within the respective locality. If a locality fails to enforce its own ordinance, 

the board reserves the right to enforce state regulations.

5. A local governing body may grant a variance to any provision of its air pollution control 

ordinance(s) provided that:

a. A public hearing is held prior to granting the variance;

b. The public is notified of the application for a variance by notice in at least one major 

newspaper of general circulation in the affected locality at least 30 days prior to the date of the 

hearing; and

c. The variance does not permit any owner or other person to take action that would result in a 

violation of any provision of state regulations unless a variance is granted by the board. The 
public hearings required for the variances to the local ordinance and state regulations may be 

conducted jointly as one proceeding.

6. 9VAC5-170-150 shall not apply to local ordinances concerned solely with open burning.

C. Model ordinance.

ORDINANCE NO. (000)

Section (000-1). Title. 

This chapter shall be known as the (local jurisdiction) Ordinance for the Regulation of Open Burning.

Section (000-2). Purpose. 

The purpose of this chapter is to protect public health, safety, and welfare by regulating open burning 

within (local jurisdiction) to achieve and maintain, to the greatest extent practicable, a level of air quality 

that will provide comfort and convenience while promoting economic and social development. This 

chapter is intended to supplement the applicable regulations promulgated by the State Air Pollution 

Control Board and other applicable regulations and laws.

Section (000-3). Definitions.

For the purpose of this chapter and subsequent amendments or any orders issued by (local 

jurisdiction), the words or phrases shall have the meaning given them in this section.

"Automobile graveyard" means any lot or place that is exposed to the weather and upon which more 

than five motor vehicles of any kind, incapable of being operated, and that it would not be economically 

practical to make operative, are placed, located or found.

"Built-up area" means any area with a substantial portion covered by industrial, commercial or 

residential buildings.

"Clean burning waste" means waste that is not prohibited to be burned under this ordinance and that 

consists only of (i) 100% wood waste, (ii) 100% clean lumber or clean wood, (iii) 100% yard waste, or (iv) 

100% mixture of only any combination of wood waste, clean lumber, clean wood or yard waste.

"Clean lumber" means wood or wood products that have been cut or shaped and include wet, air-
dried, and kiln-dried wood products. Clean lumber does not include wood products that have been 

painted, pigment-stained, or pressure-treated by compounds such as chromate copper arsenate, 

pentachlorophenol, and creosote.

"Clean wood" means uncontaminated natural or untreated wood. Clean wood includes, but is not 

limited to, byproducts of harvesting activities conducted for forest management or commercial logging, or 

mill residues consisting of bark, chips, edgings, sawdust, shavings or slabs. It does not include wood that 

has been treated, adulterated, or chemically changed in some way; treated with glues, binders or resins; 

or painted, stained or coated.

"Construction waste" means solid waste that is produced or generated during construction remodeling, 

or repair of pavements, houses, commercial buildings and other structures. Construction waste consists 

of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the 

metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, 

coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage are not 

construction wastes and the disposal of such materials must be in accordance with the regulations of the 

Virginia Waste Management Board.

"Debris waste" means wastes resulting from land clearing operations. Debris wastes include but are 

not limited to stumps, wood, brush, leaves, soil and road spoils.

"Demolition waste" means that solid waste that is produced by the destruction of structures, or their 

foundations, or both, and includes the same materials as construction waste.

"Garbage" means readily putrescible discarded materials composed of animal, vegetable or other 

organic matter.

"Hazardous waste" means a "hazardous waste" as described in 9VAC20-60 (Hazardous Waste 

Management Regulations).

"Household waste" means any waste material, including garbage, trash and refuse derived from 

households. For purposes of this regulation, households include single and multiple residences, hotels 
and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use 

recreation areas. Household wastes do not include sanitary waste in septic tanks (septage) that is 

regulated by state agencies.

"Industrial waste" means any solid waste generated by manufacturing or industrial process that is not 

a regulated hazardous waste. Such waste may include but is not limited to waste resulting from the 

following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and 

related products/byproducts; inorganic chemicals; iron and steel manufacturing; leather and leather 

products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins 

manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and 

concrete products; textile manufacturing; transportation equipment; and water treatment. This term does 

not include mining waste or oil and gas waste.

"Junkyard" means an establishment or place of business that is maintained, operated, or used for 

storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, 

and the term shall include garbage dumps and sanitary landfills.

"Landfill" means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris 

landfill. See 9VAC20-80 (Solid Waste Management Regulations) for further definitions of these terms.

"Local landfill" means any landfill located within the jurisdiction of a local government.

"Open burning" means the combustion of solid waste without:

1. Control of combustion air to maintain adequate temperature for efficient combustion;

2. Containment of the combustion reaction in an enclosed device to provide sufficient residence 

time and mixing for complete combustion; and

3. Control of the combustion products' emission.

"Open pit incinerator" means a device used to burn waste for the primary purpose of reducing the 

volume by removing combustible matter. Such devices function by directing a curtain of air at an angle 

across the top of a trench or similarly enclosed space, thus reducing the amount of combustion 
byproducts emitted into the atmosphere. The term also includes trench burners, air curtain incinerators 

and over draft incinerators.

"Refuse" means all solid waste products having the characteristics of solids rather than liquids and 

that are composed wholly or partially of materials such as garbage, trash, rubbish, litter, residues from 

clean up of spills or contamination or other discarded materials.

"Salvage operation" means any operation consisting of a business, trade or industry participating in 

salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor 

oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards 

and junkyards.

"Sanitary landfill" means an engineered land burial facility for the disposal of household waste that is 

so located, designed, constructed, and operated to contain and isolate the waste so that it does not pose 

a substantial present or potential hazard to human health or the environment. A sanitary landfill also may 

receive other types of solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous 

waste from conditionally exempt small quantity generators, construction, demolition, or debris waste and 

nonhazardous industrial solid waste. See 9VAC20-80 (Solid Waste Management Regulations) for further 

definitions of these terms.

"Smoke" means small gas-borne particulate matter consisting mostly, but not exclusively, of carbon, 

ash and other material in concentrations sufficient to form a visible plume.

"Special incineration device" means an open pit incinerator, conical or teepee burner, or any other 

device specifically designed to provide good combustion performance.

"Wood waste" means untreated wood and untreated wood products, including tree stumps (whole or 

chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 

Wood waste does not include:

1. Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from residential, 

commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or 
public lands.

2. Construction, renovation, or demolition wastes.

3. Clean lumber.

"Yard waste" means grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs 

that come from residential, commercial/retail, institutional, or industrial sources as part of maintaining 

yards or other private or public lands. Yard waste does not include (i) construction, renovation, and 

demolition wastes or (ii) clean wood.

Section (000-4). Prohibitions on open burning.

A. No owner or other person shall cause or permit open burning or the use of a special incineration 

device for the destruction of refuse except as provided in this ordinance.

B. No owner or other person shall cause or permit open burning or the use of a special incineration 

device for the destruction of rubber tires, asphaltic materials, crankcase oil, impregnated wood or other 

rubber or petroleum based materials except when conducting bona fide firefighting instruction at 

firefighting training schools having permanent facilities.

C. No owner or other person shall cause or permit open burning or the use of a special incineration 

device for the destruction of hazardous waste or containers for such materials.

D. No owner or other person shall cause or permit open burning or the use of a special incineration 

device for the purpose of a salvage operation or for the destruction of commercial/industrial waste.

E. Open burning or the use of special incineration devices permitted under the provisions of this 

ordinance does not exempt or excuse any owner or other person from the consequences, liability, 

damages or injuries that may result from such conduct; nor does it excuse or exempt any owner or other 

person from complying with other applicable laws, ordinances, regulations and orders of the 

governmental entities having jurisdiction, even though the open burning is conducted in compliance with 

this ordinance. In this regard special attention should be directed to § 10.1-1142 of the Forest Fire Law of 

Virginia, the regulations of the Virginia Waste Management Board, and the State Air Pollution Control 
Board's Regulations for the Control and Abatement of Air Pollution.

F. Upon declaration of an alert, warning or emergency stage of an air pollution episode as described in 

9VAC5-70 (Air Pollution Episode Prevention) or when deemed advisable by the State Air Pollution Control 

Board to prevent a hazard to, or an unreasonable burden upon, public health or welfare, no owner or 

other person shall cause or permit open burning or use of a special incineration device; and any in 

process burning or use of special incineration devices shall be immediately terminated in the designated 

air quality control region.

Section (000-5). Exemptions. 

The following activities are exempted to the extent covered by the State Air Pollution Control Board's 

Regulations for the Control and Abatement of Air Pollution:

A. Open burning for training and instruction of government and public firefighters under the 

supervision of the designated official and industrial in-house firefighting personnel;

B. Open burning for camp fires or other fires that are used solely for recreational purposes, for 

ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor 

workers;

C. Open burning for the destruction of any combustible liquid or gaseous material by burning in a flare 

or flare stack;

D. Open burning for forest management and agriculture practices approved by the State Air Pollution 

Control Board; and

E. Open burning for the destruction of classified military documents.

Section (000-6). Permissible open burning.

A. Open burning is permitted on site for the destruction of leaves and tree, yard and garden trimmings 

located on the premises of private property, provided that the following conditions are met:

1. The burning takes place on the premises of the private property; (and)

2. The location of the burning is not less than 300 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

3. No regularly scheduled public or private collection service for such trimmings is available at the 

adjacent street or public road1).

B. Open burning is permitted on-site for the destruction of household waste by homeowners or 

tenants, provided that the following conditions are met:

1. The burning takes place on the premises of the dwelling;

2. Animal carcasses or animal wastes are not burned;

3. Garbage is not burned; (and)

4. The location of the burning is not less than 300 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

5. No regularly scheduled public or private collection service for such refuse is available at the 

adjacent street or public road2).

C. Open burning is permitted on site for destruction of 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 that may be approved by (designated local official), provided the following conditions 

are met:

1. All reasonable effort shall be made to minimize the amount of material burned, with the number 

and size of the debris piles approved by (designated local official);

2. The material to be burned shall consist of brush, stumps and similar debris waste and shall not 

include demolition material;

3. The burning shall be at least 500 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;

4. The burning shall be conducted at the greatest distance practicable from highways and air fields,

5. The burning shall be attended at all times and conducted to ensure the best possible 

combustion with a minimum of smoke being produced;

6. The burning shall not be allowed to smolder beyond the minimum period of time necessary for 

the destruction of the materials; and

7. The burning shall be conducted only when the prevailing winds are away from any city, town or 

built-up area.

D. Open burning is permitted for destruction of debris 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, provided that the following conditions are met:

1. The burning shall take place on the premises of a local sanitary landfill that meets the provisions 

of the regulations of the Virginia Waste Management Board;

2. The burning shall be attended at all times;

3. The material to be burned shall consist only of brush, tree trimmings, yard and garden 

trimmings, clean burning waste, clean burning debris waste, or clean burning demolition waste;

4. All reasonable effort shall be made to minimize the amount of material that is burned;

5. No materials may be burned in violation of the regulations of the Virginia Waste Management 

Board or the State Air Pollution Control Board. The exact site of the burning on a local landfill shall 

be established in coordination with the regional director and (designated local official); no other site 

shall be used without the approval of these officials. (Designated local official) shall be notified of 

the days during which the burning will occur.

(E. Sections 000-6 A through D notwithstanding, no owner or other person shall cause or permit 

open burning or the use of a special incineration device during May, June, July, August, or 

September.3)
Section (000-7). Permits.

A. When open burning of debris waste (Section 000-6 C) or open burning of debris on the site of a 

local landfill (Section 000-6 D) is to occur within (local jurisdiction), the person responsible for the burning 

shall obtain a permit from (designated local official) prior to the burning. Such a permit may be granted 

only after confirmation by (designated local official) that the burning can and will comply with the 

provisions of this ordinance and any other conditions that are deemed necessary to ensure that the 

burning will not endanger the public health and welfare or to ensure compliance with any applicable 

provisions of the State Air Pollution Control Board's Regulations for the Control and Abatement of Air 

Pollution. The permit may be issued for each occasion of burning or for a specific period of time deemed 

appropriate by (designated local official).

B. Prior to the initial installation (or reinstallation, in cases of relocation) and operation of special 

incineration devices, the person responsible for the burning shall obtain a permit from (designated local 

official), such permits to be granted only after confirmation by (designated local official) that the burning 

can and will comply with the applicable provisions in Regulations for the Control and Abatement of Air 

Pollution and that any conditions are met that are deemed necessary by (designated local official) to 

ensure that the operation of the devices will not endanger the public health and welfare. Permits granted 

for the use of special incineration devices shall at a minimum contain the following conditions:

1. All reasonable effort shall be made to minimize the amount of material that is burned. Such 

efforts shall include, but are not limited to, the removal of pulpwood, sawlogs and firewood.

2. The material to be burned shall consist of brush, stumps and similar debris waste and shall not 

include demolition material.

3. The burning shall be at least 300 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; burning shall be conducted at the greatest distance practicable from highways and air 

fields. If (designated local official) determines that it is necessary to protect public health and 

welfare, he may direct that any of the above cited distances be increased.
4. The burning shall be attended at all times and conducted to ensure the best possible 

combustion with a minimum of smoke being produced. Under no circumstances should the burning 

be allowed to smolder beyond the minimum period of time necessary for the destruction of the 

materials.

5. The burning shall be conducted only when the prevailing winds are away from any city, town or 

built-up area.

6. The use of special incineration devices shall be allowed only for the destruction of debris waste, 

clean burning construction waste, and clean burning demolition waste.

7. Permits issued under this subsection shall be limited to a specific period of time deemed 

appropriate by (designated local official).

(C. An application for a permit under Section 000-7 A or 000-7 B shall be accompanied by a 

processing fee of $----.

4

)

Section (000-8). Penalties for violation.

A. Any violation of this ordinance is punishable as a Class 1 misdemeanor. (See § 15.2-1429 of the 

Code of Virginia.)

B. Each separate incident may be considered a new violation.

1

This provision shall be included in ordinances for urban areas. It may be included in ordinances for 

nonurban areas.

2

This provision shall be included in ordinances for urban areas. It may be included in ordinances for 

nonurban areas.

3

This provision shall be included in ordinances for jurisdictions within volatile organic compound 

emissions control areas. It may be included in ordinances for jurisdictions outside these areas.

4

The fee stipulation in this section is optional at the discretion of the jurisdiction.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 
CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 25, Issue 12, eff. March 18, 2009.