Avian Flu Regulations in Virginia: What Every Poultry Owner Needs to Know

Virginia’s poultry industry is one of the most productive in the nation, and it sits squarely along the Atlantic Flyway — a major migratory bird corridor that keeps avian influenza risk elevated year-round. Whether you manage a commercial operation or a small backyard flock, understanding the state’s avian flu regulations is not optional; it is the foundation of responsible poultry ownership.

This guide walks you through Virginia’s current avian flu regulatory framework, covering everything from how the virus is classified to what happens when a flock must be depopulated. You will find the reporting contacts, biosecurity expectations, quarantine rules, and compensation processes that every Virginia poultry owner needs to have at hand.

HPAI vs. LPAI: Understanding Avian Flu Classifications in Virginia

Caused by influenza type A viruses, avian influenza varies in severity depending on the strain and species affected. Regulators and veterinarians use two broad classifications — Highly Pathogenic Avian Influenza (HPAI) and Low Pathogenicity Avian Influenza (LPAI) — to determine how aggressively authorities must respond to any given detection.

HPAI strains are deadly to domestic poultry and can wipe out entire flocks within a matter of days, while LPAI strains typically cause few or no signs of illness and occur naturally in wild birds around the world. The distinction matters enormously from a regulatory standpoint, because the response protocols, quarantine requirements, and compensation rules differ significantly between the two.

This specific H5N1 strain is considered highly pathogenic because it causes major losses among flocks, with over 75% mortality rates reported. In addition to high mortality, other symptoms of infected birds may include swelling of the head, eyelids, comb, wattles, and hocks; purple discoloration of the wattles, combs, and legs; and nasal discharge, coughing, or sneezing.

Aside from the possible mutation of low-pathogenicity strains under field conditions into high-pathogenicity strains, the presence of low-pathogenicity virus can also result in restrictions on exports and serious repercussions on the production economy. Avian influenza of H5 and H7 subtypes are known as Notifiable Avian Influenza (NAI). Both subtypes require mandatory reporting in Virginia regardless of pathogenicity level.

Scientists tracking bird flu use the terms HPAI or LPAI based on how aggressively a virus infects and kills chickens during lab testing. Understanding which classification applies to a suspected case will determine your immediate legal obligations as a poultry owner.

Premises Registration Requirements for Poultry Owners in Virginia

Premises registration is the first administrative step every Virginia poultry owner should complete, and it is directly tied to your eligibility for state and federal disease response assistance. Registering your premises allows VDACS and USDA APHIS to locate and contact you quickly during an outbreak — a critical capability when a disease like HPAI can destroy an entire flock in 24 to 48 hours.

Virginia participates in the National Poultry Improvement Plan (NPIP), the cooperative federal-state-industry mechanism for controlling poultry diseases. The only prerequisite for NPIP participation is the Pullorum Typhoid (PT) Clean classification. Additional classifications such as HPAI testing and its related costs are voluntary.

• Register your premises with VDACS through the State Veterinarian’s Office
• Obtain a premises identification number, which is required for movement permits and indemnity claims
• Enroll in NPIP through VDACS to gain access to interstate movement certificates and federal disease response resources
• Commercial operations above threshold flock sizes must also develop and maintain a written poultry biosecurity plan as a condition of indemnity eligibility
• Notify VDACS of any changes in flock species, size, or location

In 2016, APHIS amended indemnity regulations to require producers to provide, as a condition for receiving indemnity payments, a statement that at the time of HPAI detection on their premises, they had in place and were following a poultry biosecurity plan consistent with NPIP biosecurity standards. Failing to register your premises before a disease event can therefore jeopardize your ability to receive compensation.

Within the 30 days prior to its date of entry into Virginia, poultry must be deemed healthy and free of infectious diseases and all required tests must be completed. Proof of examination and test results must be submitted with the permit request and on a Certificate of Veterinary Inspection. All poultry shall be accompanied by an electronic or written Certificate of Veterinary Inspection or alternative movement document approved by the State Veterinarian.

Biosecurity Requirements for Commercial and Backyard Flocks in Virginia

Given the prevalence of avian influenza in the wild bird population, all Virginia poultry owners — commercial and backyard — are encouraged to practice maximum biosecurity. For larger commercial operations, many of these practices are regulatory requirements tied directly to indemnity eligibility, not mere recommendations.

Poultry producers work closely with veterinarians to strengthen biosecurity practices. Established and enforced biosecurity protocols can help prevent introduction of HPAI and other infectious diseases. Virginia Cooperative Extension and Virginia Tech’s biosecurity publication outline five core steps every flock owner should implement.

Wild Bird and Wildlife Separation

To protect domestic poultry, keep them away from areas where wild birds congregate, especially water features that attract migratory waterfowl. Do not incorporate decorative water ponds and features into poultry enclosures. Migratory birds, especially those traveling along the Atlantic flyway, are the primary carriers of the virus.

Livestock should be kept at least 10 feet away from poultry buildings. Cats and dogs should also be kept away from wild birds, poultry, and their environments, as multiple mammalian species have shown susceptibility to H5N1.

Cleaning, Sanitizing, and Disinfection

Any equipment or tools used in the coop should be cleaned, sanitized, and disinfected before being used around the flock. This is especially important for tools and equipment that are shared between different flocks. Cleaning includes removing debris and organic material from surfaces with soap and water. Sanitizing involves killing bacteria on surfaces using chemicals, while disinfecting kills bacteria and viruses on surfaces using chemicals.

The EPA maintains a list of registered antimicrobial products effective against avian influenza that you can reference when selecting disinfectants for your operation.

Flock Introduction and Visitor Controls

New birds should be kept separate from the existing flock. Purchase poultry from reliable, certified disease-free hatcheries. Limit, monitor, and record any movement of people, vehicles, or animals on or off your farm.

For commercial operations, biosecurity plans evaluated under NPIP standards must address 14 biosecurity principles. As part of the audit, the Official State Agency will, at minimum, evaluate the poultry biosecurity plan itself against 14 biosecurity principles articulated in the NPIP Program Standards policy document, and review the documentation showing that the poultry biosecurity plan is being implemented.

Reporting Sick or Dead Birds in Virginia

Rapid reporting is one of the most important regulatory obligations you have as a Virginia poultry owner. HPAI causes a high level of mortality very quickly. You can walk into the coop one day and your birds will be dead. It is a very fast-moving disease, and it is important to be vigilant.

If domestic poultry or other farm birds exhibit signs of avian influenza — ranging from sneezing, coughing, and ruffled feathers to sudden and high numbers of bird losses — bird owners should consult their local veterinary professional and notify state or federal animal health officials.

Who to Call for Domestic Poultry

Virginia backyard flocks or commercial poultry owners should report unusual poultry illnesses or deaths to the State Veterinarian’s Office at 804.692.0601 or at vastatevet@vdacs.virginia.gov, or call the USDA’s toll-free line at 866.536.7593.

Who to Call for Wild Birds

Call the Virginia Wildlife Conflict Hotline at 855-571-9003 or email wildlifehealth@dwr.virginia.gov if you see: five or more dead vultures, waterfowl, shorebirds, or seabirds in the same area within five days; sick or dead eagles, hawks, owls, or turkeys (excluding carcasses found on the road); or ten or more dead wild birds of any other species in the same area within five days.

If there are multiple bird mortalities or clusters of sick or dead wild mammals on your property, contact the Virginia Department of Wildlife Resources and your local health department for their awareness and guidance to protect your health.

Reporting Timeline and What Happens Next

1. Contact the State Veterinarian’s Office or USDA immediately upon observing unexplained mortality or clinical signs
2. A state or federal veterinarian will visit your premises to collect samples
3. Initial testing will take place at a National Animal Health Laboratory Network (NAHLN) lab. With a positive test result from NAHLN, a suspect case becomes a “presumptive positive” case.
4. A USDA case manager will be assigned to you and will be your liaison with USDA’s Animal and Plant Health Inspection Service throughout the entire process.
5. Confirmatory testing is conducted at the National Veterinary Services Laboratories (NVSL)

Virginia’s Current HPAI Status and Active Outbreak Zones

Virginia has experienced HPAI detections in multiple categories of birds in recent years, and the state’s position along the Atlantic Flyway means risk remains persistent throughout migration seasons.

The first report of infection in Virginia since 2022, at a commercial poultry facility in Accomack County, highlights the need for increased biosecurity among poultry owners large and small. The outbreak reported January 16 in Accomack County follows outbreaks in neighboring states and marks the first case of HPAI in Virginia since 2022, when the virus first made its way to the United States.

Avian influenza A(H5) has not been detected in people or dairy cattle in Virginia. It has recently been detected in Virginia in wild birds, commercial poultry, and in birds housed in a zoo collection. Avian influenza A(H5) has recently been detected in Virginia in wild birds, commercial poultry, and in birds housed in a zoo collection. Detections also have occurred in bordering states.

In later 2024, HPAI returned to the USA, but most of these outbreaks were located in the Pacific and Mississippi flyways. In January 2025, it became evident that HPAI circulating from migratory birds had returned to the Atlantic flyway including Virginia. Numerous states around Virginia — including North Carolina, West Virginia, Pennsylvania, and Delaware — had identified current outbreaks, and within Virginia several wild birds had tested positive.

As of the VDACS website’s most recent update, there are no Virginia commercial poultry farms under avian influenza quarantine. However, this status can change rapidly, and you should always check the VDACS Avian Influenza page and the USDA APHIS HPAI detections tracker for the latest information.

Last fall, birds killed by hunters across Virginia tested positive across many species including Green-winged Teal, Ring-necked Ducks, Greater Scaup, Gadwalls, and Mallards. This broad species distribution in the wild bird population underscores why biosecurity cannot be relaxed even when no commercial farms are under quarantine. You can also learn more about related avian health concerns such as avian chlamydiosis, which can affect birds alongside influenza outbreaks.

Poultry Movement and Quarantine Restrictions in Virginia

Once HPAI is detected in Virginia, a structured zone system immediately governs the movement of poultry, equipment, vehicles, and people. Understanding these zones before an outbreak occurs will help you respond correctly and avoid inadvertently spreading the disease.

Control Zone Structure

Virginia’s Initial State Response and Containment Plan (ISRCP) defines the geographic zones that surround any infected premises:

• An Infected Zone extends at least 3 km beyond the suspect or infected premise. A Buffer Zone extends at least 7 km beyond the Infected Zone.
• A Control Zone encompasses both the Infected Zone and Buffer Zone, with a minimum total radius of 10 km from the infected premises
• Poultry movement out of any zone requires a permit issued by VDACS or USDA APHIS
• All routine farm visits by company service personnel cease region-wide once the first positive flock is confirmed

Interstate Movement Requirements

Even outside of an active outbreak, Virginia enforces strict movement rules for poultry entering the state. Chickens, turkeys, and hatching eggs of chickens and turkeys shall not be imported into Virginia unless originating exclusively from flocks or hatcheries participating in the NPIP or issued a permit and found to be negative on a Pullorum-Typhoid test.

Because LPAI does not typically kill poultry the way HPAI does, there may be control options beyond depopulation. For example, quarantine or controlled marketing may also be appropriate. If your farm is ever affected by LPAI, federal and state officials will work with you to determine what options are available.

For context on how other states manage similar animal regulations, you may find it useful to review horse boarding regulations in West Virginia or horse boarding regulations in Wyoming, as biosecurity and premises registration concepts carry across livestock species.

Flock Depopulation and Compensation Rules in Virginia

Depopulation — the destruction of all birds in an infected or exposed flock — is the primary tool for stopping HPAI spread. There is no treatment for HPAI. The only way to stop the disease is to depopulate all affected and exposed poultry.

When Depopulation Is Triggered

A non-negative PCR diagnosis of H5 or H7 virus coupled with classical HPAI clinical symptoms with mortality of 30 percent or greater requires immediate depopulation of the infected flock. Onsite disposal is preferred, but other methods can be utilized on a case-by-case basis.

When the first positive IAV flock is diagnosed by NVSL, or sooner if determined necessary by the state veterinarian in commercial or noncommercial poultry, the poultry companies will, region-wide, cease all routine farm visits and immediately notify all growers in the region.

Federal Indemnity for HPAI

USDA covers the cost of depopulating and disposing of HPAI-affected flocks. In most cases, USDA or its contractors carry out these activities and pay the costs directly. If you manage the process yourself, USDA will reimburse you according to a financial plan.

APHIS offers two methods to reimburse producers for the depopulation and/or disposal of birds affected with HPAI — the D&D Flat Rate method or the Detailed Financial Plan method. USDA will also compensate you for materials, such as contaminated feed or egg packaging, that must be destroyed because they cannot be safely or adequately cleaned.

The Indemnity Process Step by Step

1. Report sick birds immediately to VDACS or USDA — indemnity only covers live birds at time of detection
2. Work with your assigned USDA case manager to complete and sign an indemnity request form
3. Register your business with the U.S. Government System for Award Management (SAM). Complete and sign the paperwork including your bank information and SAM registration information and return it to your case manager or Field Reimbursement Specialist. You will receive payment from USDA via direct deposit in about 2–3 weeks.
4. If you dispute the initial indemnity value, you may appeal and additional funds would be deposited at a later time if your appeal is successful

Biosecurity Plan Requirement for Indemnity Eligibility

The regulations currently exempt producers from having to develop and follow a poultry biosecurity plan as a condition of indemnity for HPAI if any of the following apply: commercial table-egg laying premises with fewer than 75,000 birds; egg-type game bird and egg-type waterfowl premises with fewer than 25,000 birds; premises on which fewer than 100,000 broilers are raised annually; or premises on which fewer than 30,000 meat turkeys are raised annually.

If your operation exceeds these thresholds, you must have a documented biosecurity plan in place at the time of detection to qualify for indemnity. APHIS is establishing requirements for certain poultry premises to complete a biosecurity audit as a condition for receiving indemnity payments for poultry depopulated because of an outbreak of HPAI.

Separately, amendments to NPIP regulations condition indemnity for low pathogenicity avian influenza on adherence to biosecurity plans, clarify existing provisions of the regulations, and align the regulations more closely with current producer practices. These changes took effect October 30, 2025.

Penalties for Non-Compliance in Virginia

Failing to follow Virginia’s avian flu regulations carries serious legal and financial consequences. Non-compliance is not treated as a minor administrative oversight — it is viewed as a public animal health threat that can accelerate disease spread across the state and into neighboring states.

Loss of Indemnity Eligibility

The most immediate financial penalty for non-compliance is the forfeiture of federal indemnity payments. If you cannot demonstrate that a biosecurity plan was in place and being followed at the time of an HPAI detection, USDA APHIS can deny your indemnity claim entirely. Payments are conditioned on each claimant complying with all applicable requirements and adhering to the specific conditions set forth in the Avian Influenza Depopulation Agreement regarding cleaning and disinfection, restocking, surveillance, and other disease prevention measures.

Failure to Report

Animal health professionals — veterinarians, diagnostic laboratories, public health, zoo, or wildlife personnel, and others — are required to report diagnosed or suspected cases of nationally listed reportable animal diseases to APHIS Area Veterinarians in Charge and to the state animal health official as applicable under state reporting regulations. For poultry owners, failure to report suspected HPAI is a violation of both state and federal law.

Under Virginia law, avian influenza is a reportable disease. Willful failure to report a suspected case can expose you to civil penalties administered through VDACS, and in egregious cases involving deliberate concealment of a disease event, criminal prosecution is possible under state agricultural statutes.

Movement Violations

Moving poultry out of a quarantine zone without a valid permit is a federal offense under the Animal Health Protection Act. Violations can result in civil penalties of up to $50,000 per violation for individuals, with higher penalties for entities. USDA APHIS has authority to pursue these penalties independently of any state-level enforcement action by VDACS.

Restocking Violations

Except in limited situations, regulations require a 7-day waiting period following cleaning and disinfection before poultry houses may be restocked. Restocking before your premises has been officially cleared by VDACS and USDA can result in denial of future indemnity claims and potential civil penalties.

Staying compliant with Virginia’s avian flu regulations ultimately protects not just your flock and your finances, but the broader poultry industry across the state. The economic impact of an outbreak can be devastating, not just for commercial operations, but also for small-scale backyard flocks that could be wiped out. By implementing practical biosecurity measures now, producers can significantly reduce the risk of infection and help protect their birds from this highly contagious disease. For additional regulatory context in related areas of Virginia animal ownership, see the guides on horse boarding regulations in West Virginia and bass fishing regulations in Virginia.