{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/10.1-1142.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/10.1-1142.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/10.1-1142.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/10.1-1142.html"}],"law_id":345433,"edition_id":2,"section_id":345433,"structure_id":49603,"section_number":"10.1-1142","catch_line":"Regulating the burning of woods, brush, etc.; penalties","history":"Code 1950, \u00a7\u00a7 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.","full_text":"A\n\nIt 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.\n\nB\n\nExcept 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.\n\t\t\tThe 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.\n\nC\n\nSubsection B shall not apply to any fire set during the period beginning February 15 through April 30 of each year, if:\n\n1\n\nThe fire is set for “prescribed burning” that is conducted in accordance with a “prescription” and managed by a “certified prescribed burn manager” as those terms are defined in § 10.1-1150.1;\n\n2\n\nThe burn is conducted in accordance with § 10.1-1150.4;\n\n3\n\nThe State Forester has, prior to February 1, approved the prescription for the burn; and\n\n4\n\nThe 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.\n\t\t\t\tThe 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.\n\nD\n\nAny 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.\n\nE\n\nAny 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.\n\n","order_by":null,"text":{"0":{"id":1287791,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1287792,"text":"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.\n\t\t\tThe 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1287793,"text":"Subsection B shall not apply to any fire set during the period beginning February 15 through April 30 of each year, if:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":1287794,"text":"The fire is set for “prescribed burning” that is conducted in accordance with a “prescription” and managed by a “certified prescribed burn manager” as those terms are defined in § 10.1-1150.1;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":1287795,"text":"The burn is conducted in accordance with § 10.1-1150.4;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":1287796,"text":"The State Forester has, prior to February 1, approved the prescription for the burn; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":1287797,"text":"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.\n\t\t\t\tThe 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.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"7":{"id":1287798,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"8":{"id":1287799,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":49603,"edition_id":2,"name":"Forest Wardens and Fires","identifier":"6","label":"article","depth":4,"order_by":6,"parent_id":49596,"metadata":{"child_laws":18,"child_structures":0},"date_created":"2026-08-02 02:12:12","date_modified":"2026-08-02 12:28:52","permalink":{"id":1372157,"object_type":"structure","relational_id":49603,"identifier":"6","token":"10.1\/II\/11\/6","url":"\/10.1\/II\/11\/6\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49596,"edition_id":2,"name":"Forest Resources and the Department of Forestry","identifier":"11","label":"chapter","depth":3,"order_by":1,"parent_id":49595,"metadata":{"child_laws":116,"child_structures":16},"date_created":"2026-08-02 02:12:05","date_modified":"2026-08-02 12:28:51","permalink":{"id":1371837,"object_type":"structure","relational_id":49596,"identifier":"11","token":"10.1\/II\/11","url":"\/10.1\/II\/11\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49595,"edition_id":2,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":49584,"metadata":{"child_laws":483,"child_structures":70},"date_created":"2026-08-02 02:12:05","date_modified":"2026-08-02 12:28:51","permalink":{"id":1371835,"object_type":"structure","relational_id":49595,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49584,"edition_id":2,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":38,"parent_id":null,"metadata":{"child_laws":886,"child_structures":125},"date_created":"2026-08-02 02:11:52","date_modified":"2026-08-02 12:28:44","permalink":{"id":1370315,"object_type":"structure","relational_id":49584,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":345421,"structure_id":49603,"section_number":"10.1-1134.1","catch_line":"Definitions","url":"\/10.1-1134.1\/","token":"10.1\/II\/11\/6\/10.1-1134.1","metadata":false},{"id":345423,"structure_id":49603,"section_number":"10.1-1135","catch_line":"Appointment and compensation of forest wardens; oath; powers","url":"\/10.1-1135\/","token":"10.1\/II\/11\/6\/10.1-1135","metadata":false},{"id":345424,"structure_id":49603,"section_number":"10.1-1136","catch_line":"Duties of forest wardens","url":"\/10.1-1136\/","token":"10.1\/II\/11\/6\/10.1-1136","metadata":false},{"id":345425,"structure_id":49603,"section_number":"10.1-1137","catch_line":"Duty in case of fires and payment of costs of suppression","url":"\/10.1-1137\/","token":"10.1\/II\/11\/6\/10.1-1137","metadata":false},{"id":345426,"structure_id":49603,"section_number":"10.1-1138","catch_line":"Rewards for information leading to conviction of arsonists or incendiaries","url":"\/10.1-1138\/","token":"10.1\/II\/11\/6\/10.1-1138","metadata":false},{"id":345427,"structure_id":49603,"section_number":"10.1-1139","catch_line":"Who may be summoned to aid forest warden","url":"\/10.1-1139\/","token":"10.1\/II\/11\/6\/10.1-1139","metadata":false},{"id":345431,"structure_id":49603,"section_number":"10.1-1140","catch_line":"Liability of warden for trespass","url":"\/10.1-1140\/","token":"10.1\/II\/11\/6\/10.1-1140","metadata":false},{"id":345430,"structure_id":49603,"section_number":"10.1-1140.1","catch_line":"Defense of forest wardens","url":"\/10.1-1140.1\/","token":"10.1\/II\/11\/6\/10.1-1140.1","metadata":false},{"id":345432,"structure_id":49603,"section_number":"10.1-1141","catch_line":"Liability and recovery of cost of fighting forest fires by localities and the State Forester","url":"\/10.1-1141\/","token":"10.1\/II\/11\/6\/10.1-1141","metadata":false},{"id":345433,"structure_id":49603,"section_number":"10.1-1142","catch_line":"Regulating the burning of woods, brush, etc.; penalties","url":"\/10.1-1142\/","token":"10.1\/II\/11\/6\/10.1-1142","metadata":false},{"id":345434,"structure_id":49603,"section_number":"10.1-1143","catch_line":"Throwing inflammable objects from vehicle on highway while in or near certain lands","url":"\/10.1-1143\/","token":"10.1\/II\/11\/6\/10.1-1143","metadata":false},{"id":345435,"structure_id":49603,"section_number":"10.1-1144","catch_line":"Failure to clean premises of certain mills","url":"\/10.1-1144\/","token":"10.1\/II\/11\/6\/10.1-1144","metadata":false},{"id":345436,"structure_id":49603,"section_number":"10.1-1145","catch_line":"Failure to properly maintain logging equipment and railroad locomotives","url":"\/10.1-1145\/","token":"10.1\/II\/11\/6\/10.1-1145","metadata":false},{"id":345437,"structure_id":49603,"section_number":"10.1-1146","catch_line":"Repealed","url":"\/10.1-1146\/","token":"10.1\/II\/11\/6\/10.1-1146","metadata":false},{"id":345438,"structure_id":49603,"section_number":"10.1-1147","catch_line":"Removal of inflammable material from lands adjoining right-of-way by railroads","url":"\/10.1-1147\/","token":"10.1\/II\/11\/6\/10.1-1147","metadata":false},{"id":345439,"structure_id":49603,"section_number":"10.1-1148","catch_line":"Fires caused by violation of provisions of article; liability to Commonwealth","url":"\/10.1-1148\/","token":"10.1\/II\/11\/6\/10.1-1148","metadata":false},{"id":345440,"structure_id":49603,"section_number":"10.1-1149","catch_line":"Southeastern Interstate Forest Fire Protection Compact","url":"\/10.1-1149\/","token":"10.1\/II\/11\/6\/10.1-1149","metadata":false},{"id":345448,"structure_id":49603,"section_number":"10.1-1150","catch_line":"Middle Atlantic Interstate Forest Fire Protection Compact","url":"\/10.1-1150\/","token":"10.1\/II\/11\/6\/10.1-1150","metadata":false}],"previous_section":{"id":345432,"structure_id":49603,"section_number":"10.1-1141","catch_line":"Liability and recovery of cost of fighting forest fires by localities and the State Forester","url":"\/10.1-1141\/","token":"10.1\/II\/11\/6\/10.1-1141","metadata":false},"next_section":{"id":345434,"structure_id":49603,"section_number":"10.1-1143","catch_line":"Throwing inflammable objects from vehicle on highway while in or near certain lands","url":"\/10.1-1143\/","token":"10.1\/II\/11\/6\/10.1-1143","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1142\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapter 79; in 1986, chapter 188; in 1988, chapter 891; in 1996, chapters 74<\/a> and 1008<\/a>; in 2001, chapter 319<\/a>; in 2006, chapter 228<\/a>; in 2017, chapter 6<\/a>.<\/p>","references":false,"refers_to":[{"id":345442,"section_number":"10.1-1150.1","catch_line":"Definitions","order_by":null,"url":"\/10.1-1150.1\/"},{"id":345445,"section_number":"10.1-1150.4","catch_line":"Prescribed burn elements","order_by":null,"url":"\/10.1-1150.4\/"}],"permalink":{"id":1372195,"object_type":"law","relational_id":345433,"identifier":"10.1-1142","token":"10.1\/II\/11\/6\/10.1-1142","url":"\/10.1-1142\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/10.1-1142\/","token":"10.1\/II\/11\/6\/10.1-1142","dublin_core":{"Title":"Regulating the burning of woods, brush, etc.; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1142","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 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<\/span> 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<\/span>, upon such land unless he has taken similar precautions to prevent the spread of such fire to any other land. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 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<\/span> capable of spreading fire, located in or within 300 feet of any woodland, brushland, or field containing dry grass or other inflammable material<\/span>, except between the hours of 4:00 p.m. and 12:00 midnight.\n\t\t\tThe provisions of this subsection shall not apply to any fires which may be set to prevent damage to orchards<\/span> or vineyards<\/span> by frost or freezing temperatures or be set on federal lands. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Subsection B shall not apply to any fire set during the period beginning February 15 through April 30 of each year, if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The fire is set for “prescribed burning” that is conducted in accordance with a “prescription” and managed by a “certified prescribed burn manager” as those terms are defined in § 10.1-1150.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The burn is conducted in accordance with § 10.1-1150.4<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The State Forester has, prior to February 1, approved the prescription for the burn; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> 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.\n\t\t\t\tThe 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 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<\/span>, shall totally extinguish the fire before leaving the area and shall not leave the fire unattended. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any person violating any provisions of this section shall be guilty of a Class 3 misdemeanor<\/span> for each separate offense<\/span>. 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<\/span>, 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREGULATING THE BURNING OF WOODS, BRUSH, ETC.; PENALTIES (\u00a7 10.1-1142)\n\nA. It shall be unlawful for any owner or lessee of land to set fire to, or to\nprocure another to set fire to, any woods, brush, logs, leaves, grass, debris,\nor other inflammable material upon such land unless he previously has taken all\nreasonable care and precaution, by having cut and piled the same or carefully\ncleared around the same, to prevent the spread of such fire to lands other than\nthose owned or leased by him. It shall also be unlawful for any employee of any\nsuch owner or lessee of land to set fire to or to procure another to set fire to\nany woods, brush, logs, leaves, grass, debris, or other inflammable material,\nupon such land unless he has taken similar precautions to prevent the spread of\nsuch fire to any other land.\n\nB. Except as provided in subsection C, during the period February 15 through\nApril 30 of each year, even though the precautions required by the foregoing\nsubsection have been taken, it shall be unlawful, in any county or city or\nportion thereof organized for forest fire control under the direction of the\nState Forester, for any person to set fire to, or to procure another to set fire\nto, any brush, leaves, grass, debris or field containing dry grass or other\ninflammable material capable of spreading fire, located in or within 300 feet of\nany woodland, brushland, or field containing dry grass or other inflammable\nmaterial, except between the hours of 4:00 p.m. and 12:00 midnight.\n\t\t\tThe provisions of this subsection shall not apply to any fires which may be\nset to prevent damage to orchards or vineyards by frost or freezing temperatures\nor be set on federal lands.\n\nC. Subsection B shall not apply to any fire set during the period beginning\nFebruary 15 through April 30 of each year, if:\n\n 1. The fire is set for “prescribed burning” that is conducted in\n accordance with a “prescription” and managed by a “certified\n prescribed burn manager” as those terms are defined in §\n 10.1-1150.1;\n\n 2. The burn is conducted in accordance with § 10.1-1150.4;\n\n 3. The State Forester has, prior to February 1, approved the prescription for\n the burn; and\n\n 4. The burn is being conducted for one of the following purposes: (i) control\n of exotic and invasive plant species that cannot be accomplished at other\n times of the year, (ii) wildlife habitat establishment and maintenance that\n cannot be accomplished at other times of the year or, (iii) management\n necessary for natural heritage resources.\n \t\t\t\tThe State Forester may on the day of any burn planned to be conducted\n pursuant to this subsection revoke his approval of the prescription for the\n burn if hazardous fire conditions exist. The State Forester may revoke the\n certification of any certified prescribed burn manager who violates any\n provision of this subsection.\n\nD. Any person who builds a fire in the open air, or uses a fire built by another\nin the open air, within 150 feet of any woodland, brushland or field containing\ndry grass or other inflammable material, shall totally extinguish the fire\nbefore leaving the area and shall not leave the fire unattended.\n\nE. Any person violating any provisions of this section shall be guilty of a\nClass 3 misdemeanor for each separate offense. If any forest fire originates as\na result of the violation by any person of any provision of this section, such\nperson shall, in addition to the above penalty, be liable to the Commonwealth\nfor the full amount of all expenses incurred by the Commonwealth in suppressing\nsuch fire. Such amounts shall be recoverable by action brought by the State\nForester in the name of the Commonwealth on behalf of the Commonwealth and\ncredited to the Forestry Operations Fund.\n\nHISTORY: Code 1950, \u00a7\u00a7 10-62, 10-63; 1964, c. 79; 1986, c. 188; 1988, c. 891;\n1996, cc. 74, 1008; 2001, c. 319; 2006, c. 228; 2017, c. 6.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}