Virginia

Va. Code Ann. §10.1-1142. Enacted: 1950; Last updated: 2001.

Summary: It is unlawful for the owner or lessee of land or their employee to set fire to woods, brush, logs, leaves, grass, debris or other inflammable material without taking all reasonable care and precaution by having cut and piled or carefully cleared around the same, to prevent the spread of fire to lands of others.  From February 15 through April 30 it is unlawful to set fire to brush, leaves, grass, debris or field of dry grass or other inflammable material capable of spreading fire within 300 feet of any woodland, brushland or field containing dry grass or other inflammable material except between 4:00 p.m. and midnight.  These provisions don’t apply to fires set on federal lands.  Between February 15 and March 1, if the fire is set for prescribed burning, conducted in accordance with a prescription approved by the State Forester and managed by a certified prescribed burner for the purpose of control of exotic and invasive plant species or wildlife habitat establishment and cannot be accomplished at other times, burning prohibitions don’t apply.  The State Forester on the day of a burn may revoke the approval of the prescription if hazardous fire conditions exist.  Anyone who builds or uses a fire in the open air within 150 feet of any woodland, brushland or field containing dry grass or other inflammable material shall totally extinguish it before leaving the area and shall not leave the fire unattended.

Va. Code Ann. §10.1-1150.1. Enacted: 1998; Last updated: 1998.

Summary: Certified prescribed burn managers must complete a certification process established by the State Forester.  Prescribed burning is the controlled application of fire or wildland fuels under specified environmental conditions, which allows a fire to be confined to a predetermined area and produces fire behavior and fire characteristics necessary to reach objectives.  A prescription is a written statement defining the objectives and conditions of temperature, humidity, wind direction and speed, fuel moisture, and soil moisture under which burning is allowed.

Va. Code Ann. §10.1-1150.2. Enacted: 1998; Last updated: 1998.

Summary: The State Forester will develop and administer the certification and training process for certified prescribed burn managers.  The training program will include legal aspects, fire behavior, prescribed burning tactics, smoke management, environmental effects, plan preparation and safety.  A final examination will be given.  The State Forester may charge a reasonable fee to cover costs of the course and examination.

Va. Code Ann. §10.1-1150.3. Enacted: 1998; Last updated: 1998.

Summary: Requirements to be certified as a prescribed burn manager include: 1) complete a prescribed burn course developed by the State Forester and pass the examination, 2) complete a comparable training course and pass the examination developed for Virginia’s course or 3) demonstrate relevant past experience, complete a review course and pass the examination developed for Virginia’s course.

Va. Code Ann. §10.1-1150.4. Enacted: 1998; Last updated: 1998.

Summary: Prescriptions prepared by the certified prescribed burn manager prior to the burn will include 1) the landowner’s name, address, and phone number and phone number of the certified burn manager, 2) a description and map of the area to be burned, the objectives of the burn and desired weather parameters, 3) a summary of methods used to start, control and extinguish the fire, and 4) a smoke management plan.  A certified prescribed burn manager shall ensure burning is in accordance with the prescription.  The nearest regional office of the Virginia Department of Forestry shall be notified prior to burn.

Va. Code Ann. §10.1-1150.5. Enacted: 1998; Last updated: 1998.

Summary: Prescribed burning in compliance with this article, state air pollution control laws and rules shall be in the public interest, and shall not constitute a nuisance. Any landowner, who conducts a prescribed burn in compliance with requirements of this law and state air pollution control laws and rules adopted by the Virginia Department of Forestry, is not liable for smoke damage.  These provisions don’t apply if a nuisance or damage results from negligent or improper conduct or when §10.1-1150.4 is violated.

Va. Code Ann. §10.1-1150.6.  Enacted: 1998; Last updated: 1998

Summary: Prescribed burn manager certification may be revoked by the State Forester if his actions or prescriptions violate laws or regulations or threaten public health and safety.

Va. Code Ann. §18.2-86 through 18.2-88. Enacted: 1950; Last updated: 1988(various).

Summary: Anyone who maliciously sets fire to any wood, fence, grass, straw, or other thing capable of spreading fire on land is guilty of a Class 6 felony.  Anyone who intentionally sets or procures another to set fire to any woods, brush, leaves, grass, straw or other inflammable substance and who intentionally allows the fire to escape to lands not his own, whereby the property of another is damaged is guilty of a Class 1 misdemeanor and liable for all expenses incurred in fighting the fire.  If anyone carelessly, negligently or intentionally sets any woods or marshes, stubble, brush, straw, etc. on fire, damaging or jeopardizing the property of another, he is guilty of a Class 4 misdemeanor and liable for all expenses incurred in fighting the fire.