(a) The director in consultation with the forestry director shall establish a two-year pilot project permitting all-terrain vehicles (ATVs) and off-highway recreational vehicles (ORVs) to drive on roads and trails in Cabwaylingo State Forest, as designated and approved by the director. The director may establish special seasons and designate certain campgrounds and tent sites for ATV and ORV users in the forest.
(b) The director in consultation with the forestry director may establish a special permit for purchase by the ATV and ORV users for road and trail access, and may close any areas, or parts thereof, to public use. Should the director establish such a special permit, it shall be unlawful, at any time, to operate an ATV or ORV on any roads and trails in Cabwaylingo State Forest without the special permit.
(c) The provisions of §20-15-1 et seq. of this code apply to the division, participants, outfitters, and licensees of the Cabwaylingo Pilot Project, though ORVs may be permitted.
(d) At the conclusion of the two-year pilot project, the Legislative Auditor shall review the pilot project and file a report with the Joint Committee on Government and Finance.
(e) The Director of the Division of Natural Resources shall have authority to promulgate emergency legislative rules and legislative rules necessary to effectuate the provisions of this section.
Structure West Virginia Code
Article 3. Forests and Wildlife Areas
§20-3-3. Establishment of Wildlife Areas; Leasing Lands Therefor
§20-3-3a. Cabwaylingo Pilot Project
§20-3-5a. Prescribed Fire Program
§20-3-7. Starting Fire on Lands of Another; Penalties
§20-3-8. Duty of Railroad Company to Protect Against Fires
§20-3-9. Right of Railroad Company to Clear Land Adjacent to Right-of-Way
§20-3-12. Timberland and Forest Land Defined
§20-3-13. Director Authorized to Secure Federal Cooperation; Annual Appropriation
§20-3-14. Financial Assistance From Owners of Forest Lands; Expenditures by Director
§20-3-15. Owner Not Relieved From Civil Liability for Damage From Fire
§20-3-16. Prima Facie Evidence of Negligence in Certain Actions for Injury Due to Fires
§20-3-17. Disposition of Proceeds of National Forests
§20-3-17a. Same -- Counties Embracing Spruce Knob-Seneca Rocks National Recreation Area
§20-3-18. Disposition of Flood Control, Navigation and Allied Funds From the Federal Government
§20-3-20. Governor's Authority to Execute
§20-3-21. When and How Compact Becomes Operative
§20-3-22. Compact Administration; Advisory Committee
§20-3-23. Compact Committee Powers and Duties; Cooperation Therewith
§20-3-24. Other Powers of State Forester Supplementary
§20-3-25. Governor's Authority to Execute
§20-3-26. When and How Compact Becomes Operative
§20-3-27. Compact Administration
§20-3-28. Compact Committee Powers and Duties; Cooperation Therewith