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WV SB886

WV SB886
Permitting prescribed fire control on private property without burning permit


summary

Introduced
02/09/2026
In Committee
02/23/2026
Crossed Over
02/23/2026
Passed
04/01/2026
Dead
Signed/Enacted/Adopted
04/01/2026

Introduced Session

2026 Regular Session

Bill Summary

AN ACT to amend and reenact §20-3-5a of the Code of West Virginia, 1931, as amended, relating to forests and wildlife areas; modifying the definition for prescribed fire; waiving liability for damage or injury caused by prescribed burns under certain circumstances; and providing for rulemaking for prescribed fire control on private property.

AI Summary

This bill modifies existing West Virginia law regarding prescribed fires, which are controlled burns of natural fuels to achieve specific land management goals like ecological restoration or wildfire prevention. Key changes include expanding the definition of prescribed fire to explicitly include private property, and importantly, waiving liability for damages or injuries caused by a prescribed burn if it's conducted by a certified prescribed fire manager according to a detailed plan and all legal requirements are met, unless the burn was negligently or improperly implemented. The bill also mandates that the director of the Division of Forestry will establish rules for a certification program for individuals who want to manage prescribed fires and for the overall control of these burns on private land, ensuring these activities are conducted safely and effectively.

Committee Categories

Agriculture and Natural Resources, Government Affairs

Sponsors (6)

Last Action

Approved by Governor 4/1/2026 (on 04/01/2026)

Bill Topics

Environment
  • ‐ Species and Forest Protection
Law, Crime, and Family Issues
  • ‐ Civil Law and Procedure
Public Lands and Water Management
  • ‐ National Parks, Memorials, Historic Sites, and Recreation

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