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WV SB62

WV SB62
Recognizing authority of Agriculture Commissioner to intervene in matters that negatively affect agritourism


summary

Introduced
01/14/2026
In Committee
01/14/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

The purpose of this bill is to grant authority to the Department of Agriculture to preempt any Department of Environmental Protection, Fire Marshall, zoning laws, county, or municipality rules in for occasional agritourism activities so long as the activities adhere to the National Fire Protection Association's Life Safety Code for occupant safety.

AI Summary

This bill grants the West Virginia Commissioner of Agriculture the authority to intervene and override regulations from other state agencies, fire marshals, zoning boards, counties, or municipalities when those regulations negatively impact agritourism activities, which are defined as events or activities on land deemed appropriate by the commissioner or classified as agricultural. This intervention is permitted when the commissioner believes these other rules unnecessarily conflict with the needs of agritourism, aiming to promote and support the agricultural industry and public education about it by eliminating conflicting policies. However, the commissioner cannot override the State Fire Code, including the National Fire Protection Association's Life Safety Code, and must consult with the State Fire Marshal or a local fire marshal to ensure public safety and compliance with fire safety standards. The commissioner is also required to report annually to the Legislature on any instances where this override authority is used.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

To Government Organization (on 01/14/2026)

bill text


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