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West
Virginia
Forest Fire Laws
Link to Smokey Bear Calendar and WV Burn Law
The periods of each year between March 1 and May 31, inclusive,
and October 1 and December 31, inclusive, are hereby designated as
Forest Fire Seasons.
No person shall during ANY such fire season, except between the
hours of 4:00 p.m. and 7:00 a.m. prevailing time, set on fire or
cause to be set on fire any forest land, or any grass, grain,
stubble, slash, debris, or other inflammable materials. Any fire set
during this time shall be extinguished prior to 7:00 a.m. prevailing
time. Such prohibition of fires between 7:00 a.m. and 4:00 p.m.
prevailing time shall not be construed to include (1) small fires
set for the purpose of food preparation, or providing light or
warmth around which all grass, brush, stubble, or other debris has
been removed for a distance of ten feet from the fire, and (2)
burning which may be conducted at any time when the ground
surrounding the burning site is covered by one inch or more of snow.
No burning may be done unless all inflammable material has been
removed from around the material to be burned as a safety strip for
a distance which insures that the fire will not escape and which is
not less than 10 feet. If fire escapes beyond the safety strip, the
person responsible shall be guilty of misdemeanor.
Before leaving ANY fire for ANY period of time, it must be totally
extinguished.
Commercial permits to burn during the prohibited periods may be
issued by the Division of Forestry.
All sawmills, power shovels, or an engine or machine capable of
throwing sparks must be provided with an adequate spark arrestor if
operating on land subject to fire by any cause.
All inflammable waste disposal areas on ANY land must annually
have removed all grass, brush, debris and other inflammable material
adjacent to such disposal areas to provide adequate protection to
prevent the escape of fire to adjacent lands.
The State shall recover from the person or persons, firms or
corporations whose negligence or whose violations of any provisions
of this article cause ANY fire at ANY time on any grass or forest
land the amount expended by the State.
A landowner must take all practicable means to suppress ANY fire
on his property. If he fails to do so, the State shall collect form
him the amounts expended by the State for such purposes.
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See Links Page to Access WV State Forestry Site
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