Open burning is permitted for the burning of leaves, trees, brush, yard and garden trimmings generated onsite, where trash service is not available for this purpose. 

Open burning is allowed under the following conditions:

• When not otherwise prohibited as outlined in the above Open Burning Prohibited section.
• All such burning must be reported to the Frederick County Emergency Communications Center at (540) 665-5645 prior to ignition and when the fire is extinguished.
• Open burning may be no closer than 500 ft. from a brush/wood line.
• Open burning may be no closer than 500 ft. from an occupied dwelling, excluding your own, without prior written permission from the occupant(s) of the neighboring occupied dwellings.
• Fires shall be attended at all times by competent persons 18 years of age or older.  A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
• If at any time the fire is not attended it must be fully extinguished.
• Legally set open air fires are subject to all local regulations.

February 15^th – April 30^th Open Burning is allowed between 4:00pm and 12:00am

The Virginia Department of Forestry (DOF) mandates and enforces the “4:00pm burning law” effective February 15^th through April 30^th of each year during which open burning may only take place between the hours of 4:00pm and 12:00midnight. 

Open burning is allowed under the following conditions:

• When not otherwise prohibited as outlined in the above Open Burning Regulations section.
• All such open burning must be reported to the Frederick County Emergency Communications Center at (540) 665-5645 prior to ignition and when the fire is extinguished.
• Open burning may be no closer than 500 ft. from a brush/wood line.
• Open burning may be no closer than 500 ft. from an occupied dwelling, excluding your own, without prior written permission from the occupant(s) of the neighboring occupied dwellings.

• Fires shall be attended at all times by competent persons 18 years of age or older.  A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
• If at any time the fire is not attended it must be fully extinguished.
• Legally set open air fires are subject to all local regulations.

All burning related to land clearing operations by contractors or land owners for development purposes shall be approved by the Fire Marshal’s Office. 

• A permit is required for open burning for the purpose of land or site clearing operations, burning of materials from clearing woodland or any quantity of material that would burn beyond the burning hours stated above in the burning regulations.  This permit may be obtained from the Fire Marshal’s Office.  Applications must be submitted 10 business days in advance of requested start date.  A fee of $100.00 is required with the submittal of the application.
• No permits will be issued between May 1^st and September 30^th.  Open burning for the purpose of land clearing operations for such things as constructing roads and highways, buildings and building areas, parking areas and power communication lines are prohibited in the Western Virginia Emissions Control Area, which includes Frederick County,  during the months of May, June, July, August and September.
• The permit recipient shall be responsible for any and all damages and fire-suppression costs associated with the loss of control of any fire.
• A bulldozer or similar track equipment in operational condition and an operator shall be present at all times when commercial burning operations are under way.
• Location for open burning shall maintain a minimum of 500 feet clearance from woods, streets, and occupied buildings.  Open burning may be no closer than 500 ft. from an occupied dwelling, excluding your own, without prior written permission from the occupant(s) of the neighboring occupied dwellings before a permit will be issued.
• The area surrounding the burn area shall be clear and clean of all combustible materials, pursuant to Department of Forestry regulations.
• Wind, humidity, time of year, weather, water availability and size of the proposed burn area shall be evaluated by the Fire Marshal’s Office prior to permit issuance.
• Observations or complaints of health or traffic hazards associated with smoke may be cause for commercial burning permit revocation.