§ 10.1-1142. Regulating the burning of woods, brush, etc.; penalties.
A. It shall be unlawful for any owner or lessee of land to set fire to, or toprocure another to set fire to, any woods, brush, logs, leaves, grass,debris, or other inflammable material upon such land unless he previously hastaken all reasonable care and precaution, by having cut and piled the same orcarefully cleared around the same, to prevent the spread of such fire tolands other than those owned or leased by him. It shall also be unlawful forany employee of any such owner or lessee of land to set fire to or to procureanother to set fire to any woods, brush, logs, leaves, grass, debris, orother inflammable material, upon such land unless he has taken similarprecautions to prevent the spread of such fire to any other land.
B. Except as provided in subsection C, during the period February 15 throughApril 30 of each year, even though the precautions required by the foregoingsubsection have been taken, it shall be unlawful, in any county or city orportion thereof organized for forest fire control under the direction of theState Forester, for any person to set fire to, or to procure another to setfire to, any brush, leaves, grass, debris or field containing dry grass orother inflammable material capable of spreading fire, located in or within300 feet of any woodland, brushland, or field containing dry grass or otherinflammable material, except between the hours of 4:00 p.m. and 12:00midnight.
The provisions of this subsection shall not apply to any fires which may beset on federal lands.
C. Subsection B shall not apply to any fire set during the period beginningFebruary 15 through April 30 of each year, if:
1. The fire is set for "prescribed burning" that is conducted in accordancewith a "prescription" and managed by a "certified prescribed burnmanager" as those terms are defined in § 10.1-1150.1;
2. The burn is conducted in accordance with § 10.1-1150.4;
3. The State Forester has, prior to February 1, approved the prescription forthe burn; and
4. The burn is being conducted for one of the following purposes: (i) controlof exotic and invasive plant species that cannot be accomplished at othertimes of the year; (ii) wildlife habitat establishment and maintenance thatcannot be accomplished at other times of the year; or (iii) managementnecessary for natural heritage resources.
The State Forester may on the day of any burn planned to be conductedpursuant to this subsection revoke his approval of the prescription for theburn if hazardous fire conditions exist. The State Forester may revoke thecertification of any certified prescribed burn manager who violates anyprovision of this subsection.
D. Any person who builds a fire in the open air, or uses a fire built byanother in the open air, within 150 feet of any woodland, brushland or fieldcontaining dry grass or other inflammable material, shall totally extinguishthe fire before leaving the area and shall not leave the fire unattended.
E. Any person violating any provisions of this section shall be guilty of aClass 3 misdemeanor for each separate offense. If any forest fire originatesas 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 theCommonwealth for the full amount of all expenses incurred by the Commonwealthin suppressing such fire. Such amounts shall be recoverable by action broughtby the State Forester in the name of the Commonwealth on behalf of theCommonwealth and credited to the Forestry Operations Fund.
(Code 1950, §§ 10-62, 10-63; 1964, c. 79; 1986, c. 188; 1988, c. 891; 1996,cc. 74, 1008; 2001, c. 319; 2006, c. 228.)
§ 10.1-1142. Regulating the burning of woods, brush, etc.; penalties.
A. It shall be unlawful for any owner or lessee of land to set fire to, or toprocure another to set fire to, any woods, brush, logs, leaves, grass,debris, or other inflammable material upon such land unless he previously hastaken all reasonable care and precaution, by having cut and piled the same orcarefully cleared around the same, to prevent the spread of such fire tolands other than those owned or leased by him. It shall also be unlawful forany employee of any such owner or lessee of land to set fire to or to procureanother to set fire to any woods, brush, logs, leaves, grass, debris, orother inflammable material, upon such land unless he has taken similarprecautions to prevent the spread of such fire to any other land.
B. Except as provided in subsection C, during the period February 15 throughApril 30 of each year, even though the precautions required by the foregoingsubsection have been taken, it shall be unlawful, in any county or city orportion thereof organized for forest fire control under the direction of theState Forester, for any person to set fire to, or to procure another to setfire to, any brush, leaves, grass, debris or field containing dry grass orother inflammable material capable of spreading fire, located in or within300 feet of any woodland, brushland, or field containing dry grass or otherinflammable material, except between the hours of 4:00 p.m. and 12:00midnight.
The provisions of this subsection shall not apply to any fires which may beset on federal lands.
C. Subsection B shall not apply to any fire set during the period beginningFebruary 15 through April 30 of each year, if:
1. The fire is set for "prescribed burning" that is conducted in accordancewith a "prescription" and managed by a "certified prescribed burnmanager" as those terms are defined in § 10.1-1150.1;
2. The burn is conducted in accordance with § 10.1-1150.4;
3. The State Forester has, prior to February 1, approved the prescription forthe burn; and
4. The burn is being conducted for one of the following purposes: (i) controlof exotic and invasive plant species that cannot be accomplished at othertimes of the year; (ii) wildlife habitat establishment and maintenance thatcannot be accomplished at other times of the year; or (iii) managementnecessary for natural heritage resources.
The State Forester may on the day of any burn planned to be conductedpursuant to this subsection revoke his approval of the prescription for theburn if hazardous fire conditions exist. The State Forester may revoke thecertification of any certified prescribed burn manager who violates anyprovision of this subsection.
D. Any person who builds a fire in the open air, or uses a fire built byanother in the open air, within 150 feet of any woodland, brushland or fieldcontaining dry grass or other inflammable material, shall totally extinguishthe fire before leaving the area and shall not leave the fire unattended.
E. Any person violating any provisions of this section shall be guilty of aClass 3 misdemeanor for each separate offense. If any forest fire originatesas 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 theCommonwealth for the full amount of all expenses incurred by the Commonwealthin suppressing such fire. Such amounts shall be recoverable by action broughtby the State Forester in the name of the Commonwealth on behalf of theCommonwealth and credited to the Forestry Operations Fund.
(Code 1950, §§ 10-62, 10-63; 1964, c. 79; 1986, c. 188; 1988, c. 891; 1996,cc. 74, 1008; 2001, c. 319; 2006, c. 228.)
§ 10.1-1142. Regulating the burning of woods, brush, etc.; penalties.
A. It shall be unlawful for any owner or lessee of land to set fire to, or toprocure another to set fire to, any woods, brush, logs, leaves, grass,debris, or other inflammable material upon such land unless he previously hastaken all reasonable care and precaution, by having cut and piled the same orcarefully cleared around the same, to prevent the spread of such fire tolands other than those owned or leased by him. It shall also be unlawful forany employee of any such owner or lessee of land to set fire to or to procureanother to set fire to any woods, brush, logs, leaves, grass, debris, orother inflammable material, upon such land unless he has taken similarprecautions to prevent the spread of such fire to any other land.
B. Except as provided in subsection C, during the period February 15 throughApril 30 of each year, even though the precautions required by the foregoingsubsection have been taken, it shall be unlawful, in any county or city orportion thereof organized for forest fire control under the direction of theState Forester, for any person to set fire to, or to procure another to setfire to, any brush, leaves, grass, debris or field containing dry grass orother inflammable material capable of spreading fire, located in or within300 feet of any woodland, brushland, or field containing dry grass or otherinflammable material, except between the hours of 4:00 p.m. and 12:00midnight.
The provisions of this subsection shall not apply to any fires which may beset on federal lands.
C. Subsection B shall not apply to any fire set during the period beginningFebruary 15 through April 30 of each year, if:
1. The fire is set for "prescribed burning" that is conducted in accordancewith a "prescription" and managed by a "certified prescribed burnmanager" as those terms are defined in § 10.1-1150.1;
2. The burn is conducted in accordance with § 10.1-1150.4;
3. The State Forester has, prior to February 1, approved the prescription forthe burn; and
4. The burn is being conducted for one of the following purposes: (i) controlof exotic and invasive plant species that cannot be accomplished at othertimes of the year; (ii) wildlife habitat establishment and maintenance thatcannot be accomplished at other times of the year; or (iii) managementnecessary for natural heritage resources.
The State Forester may on the day of any burn planned to be conductedpursuant to this subsection revoke his approval of the prescription for theburn if hazardous fire conditions exist. The State Forester may revoke thecertification of any certified prescribed burn manager who violates anyprovision of this subsection.
D. Any person who builds a fire in the open air, or uses a fire built byanother in the open air, within 150 feet of any woodland, brushland or fieldcontaining dry grass or other inflammable material, shall totally extinguishthe fire before leaving the area and shall not leave the fire unattended.
E. Any person violating any provisions of this section shall be guilty of aClass 3 misdemeanor for each separate offense. If any forest fire originatesas 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 theCommonwealth for the full amount of all expenses incurred by the Commonwealthin suppressing such fire. Such amounts shall be recoverable by action broughtby the State Forester in the name of the Commonwealth on behalf of theCommonwealth and credited to the Forestry Operations Fund.
(Code 1950, §§ 10-62, 10-63; 1964, c. 79; 1986, c. 188; 1988, c. 891; 1996,cc. 74, 1008; 2001, c. 319; 2006, c. 228.)
