§ 7-12. Limitation on setting fires in or near woodlands or brushlands.

(a)

It shall be unlawful for any owner or lessee of land to set fire to, or to procure another to set fire to, any woods, brush, logs, leaves, grass, debris, or other inflammable materials upon such land unless he previously has taken all reasonable care and precaution, by having cut and piled the same or carefully cleared around the same, to prevent the spread of such fire to lands other than those owned or leased by him. It shall also be unlawful for any employee of any such owner or lease of land to set fire to or to procure another to set fire to any woods, brush, logs, leaves, grass, debris, or other inflammable material, upon such land unless he has taken similar precautions to prevent the spread of such fire to any other land.

(b)

Except as provided for in subsection (c) below, during the period of February 15 through April 30 of each year, even though the precautions required by the foregoing subsection have been taken, it shall be unlawful for any person to set fire to, or to procure another to set fire to, any brush, leaves, grass, debris or field containing dry grass or other inflammable material capable of spreading fire, located in or within three hundred feet of any woodland, brushland or field containing dry grass or other inflammable material, except between the hours of 4:00 p.m. and 12:00 midnight. The provisions of this subsection shall not apply to any fires which may be set to prevent damage to orchards or vineyards by frost or freezing temperatures.

(c)

Subsection (b) shall not apply to any fire set during the period beginning February 15 through April 30 of each year, if:

(1)

The fire is set for "prescribed burning" that is conducted in accordance with a "prescription" and managed by a "certified prescribed burn manager" as those terms are defined in Section 10.1-1150.1 of the Code of Virginia (1950, as amended);

(2)

The burn is conducted in accordance with Section 10.1-1150.4 of the Code of Virginia (1950, as amended);

(3)

The state forester has, prior to February 1, approved the prescription for the burn; and

(4)

The burn is being conducted for one of the following purposes:

(i)

Control of exotic and invasive plant species that cannot be accomplished at other times of the year,

(ii)

Wildlife habitat establishment and maintenance that cannot be accomplished at other times of the year, or

(iii)

Management necessary for natural heritage resources.

The state forestor may, on the day of any burn planned to be conducted pursuant to this subsection, revoke his approval of the prescription for the burn if hazardous fire conditions exist. The state forestor may revoke the certification of any certified prescribed burn manager who violates any provision of this subsection.

(d)

Any person who builds a fire in the open air, or uses a fire built by another in the open air, within one hundred fifty feet of any woodland, brushland or field containing dry grass or other inflammable material, shall totally extinguish the fire before leaving the area and or prior to leaving the fire unattended.

(e)

Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor for each separate offense. If any forest fire shall originate as a result of such violation by any person of any provision of this section, such person shall, in addition to such penalty, be liable to the commonwealth and to the county for the full amount of all expenses incurred by the commonwealth and the county in suppressing such fire. Such amounts shall be recoverable by action brought by the state forester in the name of the commonwealth, on behalf of the commonwealth, or by the fire code official on behalf of the county. (6-14-18.)