AGENDA DATE: 6/18/2025
TITLE:
Title
Open Burning Ordinance Update
BODY
SUBJECT/PROPOSAL/REQUEST: Work session to provide an update on the Open Burning Ordinance revision process conducted by the Albemarle County Fire Rescue’s fire Marshal’s Office (ACFR-FMO).
ITEM TYPE: Regular Information Item
STAFF CONTACT(S): Richardson, Henry, DeLoria, Eggleston, Pelliccia, Ledford, Maddox
PRESENTER (S): Chief Eggleston, Deputy Chief Pelliccia, Battalion Chief/Fire Marshal Maddox
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: In December of 2023, the ACFR-FMO began an effort to revise Article IV of Chapter 6 in County Code known as the Regulation of Open Burning Ordinance. This process involved assessment of our current risk as well as an evaluation of the challenges faced with enforcement of the current ordinance. Staff then researched and conducted a comparative analysis of fifteen localities throughout the Commonwealth of Virginia selected for their similarity to Albemarle County in terms of risk and available resources. Throughout the process several areas of potential improvement were identified. Staff from ACFR will provide an update on the ordinance revision process and seek input on the desired next steps.
STRATEGIC PLAN: Safety & Well-Being - Nurture a safe and healthy community. Resilient, Equitable & Engaged Community - Design programs and services that promote an equitable, engaged, and climate-resilient community.
DISCUSSION: The ACFR-FMO operates within and enforces the 2021 version of the Virginia Statewide Fire Prevention Code (VSFPC) adopted in January of 2024. The “Burning of Brush” (Open Burning) Ordinance was originally adopted in 1988 and has been revised several times, most notably in 2018 when amendments were made to strengthen regulations related to land clearing and development operations to enhance safety measures.
In August of 2024, ACFR staff provided a presentation to the Board on Wildland Fire Prevention Strategies for information/consideration. One strategy presented was updating our current Open Burning Ordinance which several Board members supported and requested staff to pursue. Following an extensive revision process including risk and comparative analyses, staff is recommending minor changes to our current ordinance to eliminate confusion, clarify authority, and improve interpretability for the public.
Proposed changes include the addition and clarification of open-air fire types within the definitions to better align with permissible open burning description, language to further clarify prohibitions on open burning, and increased enforcement capabilities. These capabilities include escalating penalties for repeat offenses as well as liability (if convicted) for restitution of expenses incurred by the County.
BUDGET IMPACT: This is an update to a previous discussion with no specific funding requested at this time.
RECOMMENDATION:
Recommendation
Staff requests the Board to review and provide feedback on the draft Open Burning Ordinance (Attachment A).
ATTACHMENTS:
Att. A - Draft Open Burning Ordinance