West Virginia Burn Laws: When Can You Burn Brush?

West Virginia burn laws come down to the calendar and the clock. The state has two forest fire seasons. They run March 1 through May 31, and October 1 through December 31.

During either season, the law lets you burn brush and debris only between 5 p.m. and 7 a.m. The fire must be out by 7 a.m. Every burn also needs a cleared safety strip at least 10 feet wide around the pile.

So where do you stand? If the date falls inside a season, plan an evening burn that is out by morning. Outside the seasons, the fire law sets no hours. The safety strip, the material rules and any burn ban still apply.

Brush piles from clearing land are why many landowners run into these rules. Forestry mulching grinds brush, saplings and small trees into chips where they stand. That leaves no pile to burn, so the fire calendar does not hold up the job.

When is fire season in West Virginia, and what are the burning hours?

The dates and hours are set in state law, West Virginia Code 20-3-5. The Division of Forestry repeats them in its fire burning guidelines. Here is how the calendar lines up, with the Virginia rule for readers across the line.

In season, the Division of Forestry says outdoor burning is prohibited from 7 a.m. to 5 p.m. A pile lit at 5 p.m. still has to be completely out by 7 a.m. the next morning. Size the pile so it can burn down inside that window.

What can you legally burn in West Virginia?

Plant material only. The Division of Forestry says only vegetative material, such as leaves, brush and yard clippings, may be burned.

The state air quality rule, 45CSR6, comes from the Department of Environmental Protection. It prohibits open burning of refuse, with a short list of exceptions. Vegetation grown on the premises of a home or farm is one of them. Household trash is not on the list.

Brush from clearing a building lot falls under a stricter line. The rule calls vegetation cleared to prepare land for development or construction “land clearing debris.” Burning it takes DEP approval. It is allowed only when there is no practical alternate method to dispose of it.

Town ordinances apply on top of the state rules. The DEP rule says it does not excuse anyone from local laws and ordinances on open burning. Inside town limits, check with the town before you burn.

How wide does the safety strip around a burn pile have to be?

At least 10 feet, all the way around. The Division of Forestry says the strip must be cleared of burnable material and fully encompass the debris pile. State law adds that the strip must be wide enough to keep the fire contained at all times. It can never be less than 10 feet wide.

The Division of Forestry also says a fire must be attended until it is completely out. Someone has to stay with it until nothing is left burning. These guidelines apply any time you burn outdoors, in season or out.

Are there exceptions to West Virginia’s burning hours?

Two. During fire season, the law allows small attended fires for cooking, light or warmth. All grass, brush and debris must be cleared for 10 feet around them.

The law also allows an attended burn at any hour when snow covers the ground around the site. The snow must be at least one inch deep. Neither one needs a burning permit. While a burning ban is in effect, neither one is allowed.

How do burn bans work in West Virginia?

A burn ban can override everything above. With the Governor’s approval, the director of the Division of Forestry may prohibit fires in any designated area. The law says a ban can include fires it would otherwise allow, like an evening burn in season.

A ban can also require fires already burning in that area to be put out. This page does not track bans. Before you light any pile, check with the Division of Forestry for a ban covering your area.

Do you need a burning permit in West Virginia?

Not under the fire law, if you burn inside the legal hours. A Division of Forestry burning permit covers fires the season rules would otherwise bar, like daytime burning in season.

The permit fee applies to commercial, manufacturing, public utility, mining and like activities. The fee is $125 per site, and it covers the fire season in which the permit is issued. Agricultural activities are exempt from the fee. The Division must act on a complete, uncontested application within 30 days.

Burning permits are only one piece of the paperwork a clearing job can bring. Stormwater and driveway permits are covered in our guide to permits for clearing land in West Virginia.

What are the fines if a fire gets away?

The fire law makes any violation of its rules a misdemeanor. A conviction brings a fine of $100 to $1,000 for each violation. On top of fines and costs, a person convicted pays a $200 civil penalty within 60 days.

A fire that escapes the safety strip and damages someone else’s land is also a misdemeanor. The Division of Forestry says a landowner must take all practicable means to put out any fire on the property. If the landowner fails to, the state collects what it spent. The state also recovers its firefighting costs from whoever negligently caused a fire.

What are the burning rules near Winchester and Front Royal, Virginia?

From February 15 through April 30, Virginia limits burning near woods, brushland or a field with dry grass. The limit covers fires in or within 300 feet of that ground. In that zone, the only hours allowed are 4 p.m. to midnight. It applies to burning brush, leaves, grass or debris.

Virginia law also covers any open air fire within 150 feet of woods, brushland or a dry field. That fire must be totally put out before you leave, and never left unattended. If your land is in Virginia, these rules apply instead of West Virginia’s.

How do you clear land without a burn pile?

Skip the pile. Our forestry mulching work grinds brush and small trees into a chip layer that stays on the ground. With nothing stacked to burn, the job fits any month of the year. For a side by side look, see how forestry mulching compares with traditional land clearing.

Some jobs call for cutting instead. On a brush clearing or stump removal job, we stack the material where you point. What happens to that pile later is your call, under the rules on this page.

We are based in Augusta, in Hampshire County, and work across the Eastern Panhandle and the northern Shenandoah Valley. Estimates are free. Call or text (540) 327-1400.