West Virginia legislation · 2026 Regular Session
West Virginia SB886: Permitting prescribed fire control on private property without burning permit
Status: Signed into law, April 1, 2026
What the bill says
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. ARTICLE 3. FORESTS AND WILDLIFE AREAS. §20-3-5a. Prescribed Fire Program. (a) As used in this section: (1) "Certified prescribed fire manager" means an employee of the Division of Forestry, the Division of Natural Resources, any federal employee, or indivi.
From the enrolled text, March 14, 2026:
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. ARTICLE 3. FORESTS AND WILDLIFE AREAS. §20-3-5a. Prescribed Fire Program. (a) As used in this section: (1) "Certified prescribed fire manager" means an employee of the Division of Forestry, the Division of Natural Resources, any federal employee, or individual who has successfully completed a certification process established by the director. (2) "Prescribed fire" means the controlled application of fire or wildland fuels in wildlife management areas, state forests or federal lands, or on private property in either the natural or modified state, under specified environmental conditions, which allows the fire to be confined to a predetermined area and produces the fire behavior and fire characteristics necessary to attain planned fire treatment and ecological, silvicultural, and wildlife management objectives. (3) "Prescription" means a written statement defining the objectives to be attained by a prescribed fire and the conditions of temperature, humidity, wind direction and speed, fuel moisture, and soil moisture under which a fire will be allowed to burn. A prescription is generally expressed as an acceptable range of …