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Are backyard fire pits allowed in Virginia?

Suffolk and Fairfax County allow them with conditions, and your county or city sets the rules. Suffolk permits recreational fires no bigger than 3 feet across and 2 feet high, more than 25 feet from any structure. Fairfax has separate rules for recreational fires and portable fire pits, so ask its fire marshal which covers a built-in pit. The 4 PM Burning Law, burn bans and HOAs also limit burning.

Free to ask. Local shops send quotes, and you pay only when you book one.

By Kasra Taheri, Founder, LoclisPublished

Researched and drafted with AI, then checked claim by claim against the sources listed below before it was published. Prices and rules change; the dates beside each source say when it was last checked.

Step by step

Read when to stop and call a pro, further down this page, before you start.

  1. Step 1: Find your local rules

    Look up your county or city fire marshal's page on recreational fires, or call the non-emergency line, since localities and communities may have their own ordinances and restrictions on burning.[8]

  2. Step 2: Measure the distance

    Measure from the edge of the pit to the house, deck, fence, shed and woodpile and compare it with your locality's rule: more than 25 feet from any structure in Suffolk, while in Fairfax County you should ask the fire marshal whether its 25-foot recreational-fire rule or its 15-foot portable-fireplace rule covers your pit.[6][4][5]

  3. Step 3: Keep the fire small

    In Suffolk, keep a recreational fire within 3 feet across and 2 feet high, or it counts as a bonfire that needs a permit; Fairfax County sets the same limit for a recreational fire, so ask its fire marshal whether your pit falls under that rule.[6][4]

  4. Step 4: Check the calendar

    From February 15 to April 30, do not burn before 4 p.m. within 300 feet of woods or dry grass; only a commercially made, completely contained pit in good condition with a 1/4-inch or smaller metal screen is exempt, a screened block ring only may be acceptable, and Suffolk allows no burning of any type before 4 p.m. in that period.[7][6]

  5. Step 5: Check for burn bans

    Before each fire in a dry spell, check your locality's site or fire department for a temporary burn ban.[8]

  6. Step 6: Read your HOA rules or lease

    Check your HOA covenants or rental lease, which can ban or limit fire pits even where the county allows them.

  7. Step 7: Have water ready and stay

    Keep an extinguisher, hose, water or sand beside the pit and stay with the fire until it is completely out.[4][9]

Whether you can have a backyard fire pit, and where it can go, is mostly decided by your county or city. Its fire code sets the rules on distance, the size of the fire and what you must have on hand. On top of that, the spring 4 PM Burning Law, temporary burn bans and your HOA can limit when you burn.

A ring of tan concrete wall blocks forming a wood-burning fire pit, filled with sticks, on a flagstone patio surrounded by yellow and red Adirondack chairs above a lake
Photo: https://vacationrentalssmithmountainlake.com/, CC BY-SA 4.0, via Wikimedia Commons

What state law allows

Virginia's open-burning regulation permits camp fires or other fires that are used solely for recreational purposes, along with fires for ceremonies and outdoor noncommercial cooking, as long as tires, asphaltic materials, crankcase oil, impregnated wood, other rubber or petroleum-based materials and hazardous waste are not burned.[1][2] That part of the regulation applies in the state's volatile organic compound emissions control areas,[3] which include Fairfax County.[4]

The same regulation makes clear that being allowed under it does not excuse anyone from local ordinances or from liability for damage the fire causes.[1] In practice, the local fire code is where the real rules are.

What a typical local fire code says

Two examples show what to expect:

Fairfax County (with the towns of Clifton, Herndon and Vienna) defines a recreational fire as one with a fuel area of 3 feet or less in diameter and 2 feet or less in height.[4] Such fires do not need a Fire Prevention Code permit,[4] but they come with conditions:

  • They may be held only with the property owner's permission[4] and not within 25 feet of a structure or combustible material.[4]
  • Only dry, well-seasoned firewood or similar clean wood may be burned, and the fire must be attended constantly until it is completely out.[4]
  • You need a portable extinguisher rated at least 4-A, or dirt, sand, a water barrel or a garden hose, ready to use.[4]
  • Flammable liquids may not be used to help light it.[4]
  • A bigger fire is a bonfire, which needs a permit from the Fire Marshal.[4]

The Fire Marshal or fire department may order a recreational fire put out immediately if it is unattended, uses the wrong fuel, lacks extinguishing equipment, or makes smoke that creates a traffic hazard.[4]

Fairfax treats store-bought portable fire pits and chimineas separately: they must be used according to the manufacturer's instructions and not within 15 feet of a structure or combustible material, with an exception for one- and two-family dwellings.[5] Its definition of a recreational fire also leaves out fuel contained in an outdoor fireplace or portable outdoor fireplace,[4] so for a built-in block pit, ask the fire marshal which rule applies.

Suffolk says no permit is needed except for bonfires.[6] A recreational fire there must be no more than 3 feet in diameter and 2 feet high, more than 25 feet from any structure, and constantly attended,[6] and the city adds that the state's 4 PM Burning Law applies to recreational fires.[6]

Other localities may differ, so check yours. A built-in pit 15 feet from the house might be fine in one place and not in another.

The 4 PM Burning Law

From February 15 to April 30, Virginia's 4 PM Burning Law bans open-air burning before 4 p.m. if the fire is within 300 feet of woods or dry grass that could carry fire to the woods.[7] Burning between 4 p.m. and midnight is allowed as long as you take proper precautions and stay with the fire.[7]

The Department of Forestry says a typical campfire counts as an open-air fire.[7] Commercially made chimineas or fire pits that are completely contained, with a 1/4-inch or smaller metal screen across the top of the firebox, are not considered open-air fires[7] and may be used, if they are in good condition. A homemade pit is a different case. A fire in one may be acceptable if the fire is completely contained within a ring of rocks, cinderblocks or a metal ring and covered by a 1/4-inch or smaller metal screen, but it must still be attended at all times, with all flammable material cleared from a 20-foot area around it.[7] Some localities go further: Suffolk says that during this period "there is no burning of any type permitted before 4 p.m."[6]

A violation is a Class 3 misdemeanor with a fine of not more than $500,[7] and whoever started a fire that escapes is responsible for the cost of putting it out.[7]

Year round, state law says anyone who builds an open-air fire within 150 feet of any woodland, brushland or field with dry grass must put the fire completely out before leaving and may not leave it unattended.[9]

Burn bans and HOAs

During drought and high fire danger, localities may enact temporary burn bans.[8] The Department of Forestry points homeowners to your local government office, fire department or emergency management agency[8] for current restrictions.

HOA covenants, condo rules and rental leases can also ban or limit fire pits even where the county allows them. Read them before you buy materials.

Hiring someone to build one

A fire pit that meets the rules is still a construction job. In Virginia, a contractor's job worth over $1,000 but less than $30,000 falls in the Class C contractor range,[10] so a builder quoting a fire pit and patio at that size should hold a Virginia contractor licence; check it on DPOR's lookup. DPOR also notes that Virginia law requires licensed contractors to provide a written contract for residential work.[11] Ask the contractor to mark the pit's distance from the house and fences on the plan.

If you want to build it yourself, how to build a fire pit with pavers covers the layout and base, and what a fire pit costs in Virginia explains what goes into a quote.

Stop and call a pro if

  • You want a gas fire pit or fire table. A gas line and burner connection is work for a licensed gas fitter.
  • The only space you have is closer to the house, deck or fence than your locality allows. A pro can suggest a different layout, or a fire feature your code treats differently.
  • You want a built-in outdoor fireplace with a chimney rather than an open pit.
  • The site slopes and needs a retaining wall to make a level pad.

For a quick reading of your own rules, call your county or city fire marshal's non-emergency line. Browse fire pit and fire feature businesses, concrete and hardscaping businesses in Blacksburg, or more concrete and hardscaping answers.

Describe your fire pit once and licensed local businesses quote it.

Common questions

Do I need a permit for a backyard fire pit in Virginia?
Usually not for an ordinary recreational fire. Fairfax County says recreational fires do not need a Fire Prevention Code permit, and Suffolk says no permit is needed except for bonfires. Both still set rules on distance, size and attendance, and a fire larger than the recreational limit is a bonfire that needs a permit.
How far does a fire pit have to be from my house?
Your locality decides. Suffolk requires a recreational fire to be more than 25 feet from any structure. Fairfax County uses 25 feet for a recreational fire, but its definition of one leaves out fuel contained in an outdoor fireplace, and it holds portable fire pits to 15 feet, with an exception for one- and two-family dwellings. Ask your fire marshal which rule covers your pit.
Can I use my fire pit during the spring burn season?
From February 15 to April 30, the 4 PM Burning Law bans open-air burning before 4 p.m. within 300 feet of woods or dry grass. The Department of Forestry says a commercially made, completely contained fire pit with a 1/4-inch or smaller metal screen across the top is not an open-air fire, while a screened ring of blocks only may be acceptable. Suffolk allows no burning of any type before 4 p.m. in that period. When in doubt, wait until after 4 p.m.
What happens if my fire pit fire spreads?
The Department of Forestry says whoever started a fire that escapes is responsible for the cost of putting it out, even if they took precautions and had any required permits. Breaking the 4 PM Burning Law is a Class 3 misdemeanor. Call 911 at once if a fire gets away from you.
Can my HOA ban fire pits if the county allows them?
HOA covenants and leases are private agreements and can be stricter than the county. Read your covenants or lease, or ask the association, before you build.

Sources

  1. [1] 9VAC5-130-40. Permissible open burning, Virginia Administrative Code (State Air Pollution Control Board). Checked October 26, 2026.
  2. [2] 9VAC5-130-30. Open burning prohibitions, Virginia Administrative Code (State Air Pollution Control Board). Checked October 26, 2026.
  3. [3] 9VAC5-130-10. Applicability, Virginia Administrative Code (State Air Pollution Control Board). Checked October 26, 2026.
  4. [4] Recreational Fires & Open Burning, Fairfax County Fire and Rescue Department, Office of the Fire Marshal. Checked October 26, 2026.
  5. [5] Portable Fireplaces: Chimineas, Fire Pits, & Similar Outdoor Solid-Fuel Burning Devices, Fairfax County Fire and Rescue Department, Office of the Fire Marshal. Checked October 26, 2026.
  6. [6] Open Burning & Recreational Fires, City of Suffolk Fire & Rescue. Checked October 26, 2026.
  7. [7] 4 PM Burning Law, Virginia Department of Forestry. Checked October 26, 2026.
  8. [8] Burning Restrictions, Virginia Department of Forestry. Checked October 26, 2026.
  9. [9] § 10.1-1142. Regulating the burning of woods, brush, etc.; penalties, Code of Virginia. Checked October 26, 2026.
  10. [10] § 54.1-1100. Definitions (contractor classes), Code of Virginia. Checked October 26, 2026.
  11. [11] What You Should Know Before You Hire a Contractor, Virginia Board for Contractors (DPOR). Checked October 26, 2026.

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