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File #: 26-123    Version: 1 Name:
Type: Ordinance Status: Public Hearing
File created: 12/12/2025 In control: Board of Supervisors
On agenda: 1/14/2026 Final action:
Title: Proposed Ordinance to Amend Open Burning Regulations
Attachments: 1. Att.A - Proposed Ordinance (comparative version), 2. Att.B - Proposed Ordinance (clean version)
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AGENDA DATE: 1/14/2026

TITLE:
Title
Proposed Ordinance to Amend Open Burning Regulations
BODY

SUBJECT/PROPOSAL/REQUEST: Public hearing to consider a proposed ordinance to amend the open burning regulations in County Code Chapter 6, Article IV

ITEM TYPE: Regular Action Item

STAFF CONTACT(S): Richardson, Henry, Herrick, Bohdan, Maddox, Pelliccia

PRESENTER (S): Shawn Maddox

LEGAL REVIEW: Yes

REVIEWED BY: Jeffrey B. Richardson

BACKGROUND: Virginia Code ? 15.2-922.1 allows localities to establish regulations for the burning of brush and open-air fires. In conjunction with the regulations in the Virginia Statewide Fire Prevention Code, Albemarle County Code Chapter 6, Article IV establishes regulations governing the burning of brush in Albemarle County.

STRATEGIC PLAN: Safety & Well-being - Nurture a safe and healthy community.

DISCUSSION: Albemarle County Fire Rescue staff reviewed the County's current open burning regulations. Based on staff review and feedback during a Board of Supervisors' work session on June 18, 2025, the following changes are proposed:
1. Update the definition of bonfire and requirements related to a bonfire. (County Code ?? 6-403, 6-406)
2. Add definitions for building and structure. (County Code ? 6-403)
3. Clarify the definition of recreational open burning. (County Code ? 6-403)
4. Add escalating penalties for repeated offenses. (County Code ? 6-408)
5. Add language that the Albemarle County Fire Official can ban burning based on weather, atmospheric conditions, or when local circumstances make such fires hazardous. (County Code ? 6-404)
Attachment A highlights proposed changes from the existing ordinance. Attachment B is a clean version proposed for adoption.

BUDGET IMPACT: Based on staff analysis, there would be no budgetary impact.

RECOMMENDATION:
Recommendation
After conducting a public hearing, staff recommends that the Board adopt the proposed ordinance to amend County Code Chapter 6, Article IV, attached ...

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