West Virginia Code
Chapter 20. Natural Resources

§20-1-4. Director to Be Chief Executive Officer; Appointment, Term and Qualifications; Vacancy; Removal - The director shall be the chief executive officer of the...

§20-1-5. Salary, Expenses, Oath and Bond of Director - The director shall receive an annual salary as provided in...

§20-1-6. Offices and Office Hours - The director shall arrange with the General Services Division of...

§20-1-7. Additional Powers, Duties and Services of Director - NOTE: West Virginia Code 20-1-17 was amended by two bills...

§20-1-8. Personnel Management - A merit system of personnel management shall be established and...

§20-1-9. Fiscal Management - Subject to any controlling rules and regulations of the department...

§20-1-10. Property Management - (a) The division shall maintain at all times an accurate...

§20-1-10a. Authority to Convey Land to County Board of Education for Educational Purposes - To further an appreciation and understanding of the outdoors by...

§20-1-11. Public Relations - The department shall collect, organize and from time to time...

§20-1-12. Surveys and Planning - As departmental projects or in cooperation with other governmental or...

§20-1-13. Law Enforcement and Legal Services - The director shall select and designate a competent and qualified...

§20-1-14. Sections Within Division - Sections of wildlife resources and of law enforcement are hereby...

§20-1-16. Natural Resources Commission - Generally - (a) The Natural Resources Commission, created and established by 20-1-3...

§20-1-17. Natural Resources Commission -- Organization and Services - (a) Members of the Natural Resources Commission shall take and...

§20-1-18. Government Cooperation; Projects; Finances; Properties - In addition to all other powers and authority vested in...

§20-1-18a. Cooperation With Federal Government in Wildlife Restoration and Management - The state of West Virginia hereby assents to the provisions...

§20-1-18b. Cooperation With Federal Government in Fish Restoration and Management - The state of West Virginia hereby assents to the provisions...

§20-1-18c. Cooperation With Federal Government in Management of Federal Lands Within the State - The Legislature recognizes that there are large areas of this...

§20-1-19. West Virginia State Parks and State Forests - (a) The state parks of West Virginia are: (1) Audra;...

§20-1-20. Limitations on State Parks and State Forests; Exceptions - (a)(1) The Legislature finds that the acquisition of land to...

Article 1A. Real Estate Management and Procedures

§20-1A-7. Adopt a State Park or Forest Program - The commissioner of the Department of Commerce shall establish an...

Article 2. Wildlife Resources

§20-2-1. Declaration of Policy - It is declared to be the public policy of the...

§20-2-1a. Wildlife Resources Division; Organization and Administration - The chief of the division of wildlife resources shall be...

§20-2-2. Violations of Article - When no specific punishment or penalty is otherwise provided for...

§20-2-2a. Interference With Hunters, Trappers and Fishermen - A person may not willfully obstruct or impede the participation...

§20-2-3. State Ownership of Wildlife - The ownership of and title to all wildlife in the...

§20-2-4. Possession of Wildlife - (a) Except for wildlife lawfully taken, killed or obtained, no...

§20-2-5. Unlawful Methods of Hunting and Fishing and Other Unlawful Acts; Sunday Hunting - (a) Except as authorized by the director or by law,...

§20-2-5a. Forfeiture by Person Causing Injury or Death of Game or Protected Species of Animal; Additional Replacement Costs for Antlered Deer; Forfeiture Procedures and Costs - (a) Any person who is convicted of violating a criminal...

§20-2-5b. Exceeding Creel Limit on Trout; Other Violations of Code or Rules and Regulations for Trout Fishing; Penalties - Any person who exceeds the creel limit on trout or...

§20-2-5c. Protection of Bald Eagles and Golden Eagles; Unlawful Acts; Criminal Penalties; Forfeitures; License Revocation - (a) It is unlawful at any time for any person...

§20-2-5d. Use of Chemicals, Biological Compounds or Devices on Free Roaming Wildlife Populations for Fertility Control - Notwithstanding any other provisions of this code and except as...

§20-2-5e. Assessment Fee for Decoy Animals - Any person convicted for the violation of any law involving...

§20-2-5f. Nonresident Dog Training for Coon Hunting; Training Season - Notwithstanding subdivision (24), section five of this article or any...

§20-2-5g. Use of a Crossbow to Hunt - (a) Notwithstanding any other provision of this code to the...

§20-2-5h. Elk Management Area; Elk Damage Fund; Criminal Penalties; Rule-Making - (a) Findings. -- The Legislature finds that Eastern Elk were...

§20-2-5i. Waste of Game Animals, Game Birds, or Game Fish; Penalties - (a) It is unlawful for any person to cause through...

§20-2-5j. Leashed Dogs for Tracking Mortally Wounded Deer or Bear - (a) Notwithstanding any provision of this chapter to the contrary,...

§20-2-5k. Use of Air Rifles to Hunt - (a) Notwithstanding any other provision of this code to the...

§20-2-6. Carrying Gun on Landowner's Land - Notwithstanding any other provisions of this chapter, it shall be...

§20-2-7. Hunting, Trapping or Fishing on Lands of Another; Damages and Restitution - (a) It is unlawful for any person to shoot, hunt,...

§20-2-8. Posting Unenclosed Lands; Hunting, etc., on Posted Land - The owner, lessee or other person entitled to possession of...

§20-2-9. Unlawful Posting of Lands - It shall be unlawful and shall constitute a misdemeanor offense...

§20-2-10. Destruction, etc., of Signs Posted Under Chapter - It shall be unlawful and shall constitute a misdemeanor offense...

§20-2-11. Sale of Wildlife; Transportation of Same - (a) A person, except those legally licensed to operate private...

§20-2-12. Transportation of Wildlife Out of State; Penalties - (a) A person may not transport or have in his...

§20-2-13. Importation of Wildlife; Certification and Inspection of Imported Wildlife - No person shall transport into or have in his possession...

§20-2-14. Propagation of Wildlife for Commercial Purposes - No person shall propagate wildlife for commercial purposes except when...

§20-2-15. Permit to Kill Deer or Other Wildlife Causing Damage to Cultivated Crops, Trees, Commercial Nurseries, Homeowners' Shrubbery and Vegetable Gardens; Weapon Restrictions - (a) Whenever it is found that deer or other wildlife...

§20-2-16. Dogs Chasing Deer - Except as provided in 20-2-5j of this code, no person...

§20-2-17. Hunting Fur-Bearing Animals; Possession of Fur; Disturbing Traps of Another - No person shall hunt, capture, trap, take or kill fur-bearing...

§20-2-18. Number and Types of Traps - The director shall have the power and authority to regulate...

§20-2-19. Marking of Traps - All traps used for taking game or fur-bearing animals shall...

§20-2-20. Trapping Beaver - A person may not have in his possession an untagged...

§20-2-21. Reporting Beaver and Otter Pelts Taken and Tagged - Each trapper shall electronically register each beaver and otter, or...

§20-2-22. Tagging, Removing, Transporting and Reporting Bear, Deer, Wild Boar and Wild Turkey - (a) Each person killing a bear, deer, wild boar or...

§20-2-22a. Hunting, Tagging and Reporting Bear; Procedures Applicable to Property Destruction by Bear; Penalties - (a) A person may not hunt, capture, or kill any...

§20-2-23. Outfitters and Guides -- Generally; Definitions - (a) Services of outfitters and guides for the benefit and...

§20-2-23a. Whitewater Commission; Powers and Duties of Commission and Division of Natural Resources; Allocations; Civil and Criminal Penalties for Violations - (a) There is hereby created a whitewater commission within the...

§20-2-23b. Whitewater Study and Improvement Fund - There is hereby created in the State Treasury a special...

§20-2-23c. Voluntary Contributions to Whitewater Advertising and Promotion Fund - There is hereby created in the State Treasury a special...

§20-2-23d. Bond; Revocation of License; Licensing Carrying Requirement; Criminal Penalties - (a) Immediately upon the issuance of a whitewater outfitter's license...

§20-2-23e. Implementation of Allocation Methodology - Other provisions of this article notwithstanding, the implementation of an...

§20-2-24. Outfitters and Guides -- Qualifications - Each outfitter and guide licensed under the provisions hereof shall...

§20-2-25. Same -- License Applications; National Forest Requirements - Each applicant for an outfitter or guide license shall file...

§20-2-26. Same -- License Fee; Bond; Revocation of License; Penalties - When satisfied as to the applicant's qualifications for an outfitter's...

§20-2-27. Necessity for License - (a) Except as otherwise provided by law, no resident who...

§20-2-28. When Licenses or Permits Not Required - Persons in the following categories are not required to obtain...

§20-2-29. Conservation of Species and Request for Public Records - (a) The director may exempt from disclosure under the Freedom...

§20-2-30. Application and Statement of Eligibility for Licenses or Permits; Procuring License or Permit in Violation of Chapter - (a) Each person who applies for any class of license...

§20-2-30a. Certificate of Training; Falsifying, Altering, Forging, Counterfeiting or Uttering Training Certificate; Penalties - (a) Notwithstanding any other provisions of this article, no base...

§20-2-31. Size and Form of License and Tag; Contents; Unlawful to Alter Licenses or Permits; Penalty - (a) The size, content, and form of all licenses, tags,...

§20-2-32. Issuance of Licenses; Duplicate Licenses - (a) The clerk of the county commission in each county...

§20-2-33. Authority of Director to Designate Agents to Issue Licenses; Bonds; Fees - (a) The Director may appoint, in addition to the clerk...

§20-2-33a. Electronic Application to Apprise Applicant of Hunters Helping the Hungry Program; Check-Off Donations; Special Fund Continued; Authorized Expenditures - (a) (1) Every application for electronic license shall include a...

§20-2-33b. Electronic Application Donation to Fund the Coyote Management Program - (a) (1) Effective January 1, 2006, every application for a...

§20-2-33c. Electronic Application Donation to West Virginia University Rifle Team; Special Fund Created; Authorized Disbursements - (a) Every electronic application for a hunting or fishing license...

§20-2-34. Disposition of License Fees and Donations; Reports of Agents; Special Funds and Uses - (a) All persons in this state who receive money for...

§20-2-35. Period During Which License Valid - Licenses and permits provided by this chapter shall be valid...

§20-2-36. When License, Related Documents, and Picture Identification to Be Carried; Using License of Another; Transferring License to Another - (a) A person who is required by this article to...

§20-2-36a. Hunting or Fishing When License Revoked; Penalty - Any person whose license to hunt or fish has been...

§20-2-37. Display of License, etc., by Persons in Possession of Hunting, Fishing, etc., Paraphernalia - (a) Any person having in his or her possession in...

§20-2-38. Refusal or Revocation of License or Permit - The director may, for cause, refuse a license or permit...

§20-2-38a. Suspension of License or Permit for Failure to Pay Fines or Penalties Imposed by Magistrate Court - The director shall suspend the license or permit of any...

§20-2-42. Effective Date and Indexing of License and Stamp Fees - The director may propose rules for legislative approval in accordance...

§20-2-42a. Class a Resident Hunting and Trapping License - A Class A license is a resident hunting and trapping...

§20-2-42b. Class B Resident Fishing License - A Class B license is a resident fishing license and...

§20-2-42c. Class C Courtesy Statewide Hunting and Fishing License - A Class C license is a courtesy hunting and fishing...

§20-2-42d. Class E Nonresident Hunting and Trapping License - A Class E license is a nonresident hunting and trapping...

§20-2-42e. Class Ee Nonresident Bear Hunting License - A Class EE license is a nonresident bear hunting license...

§20-2-42f. Class F Nonresident Fishing License - A Class F license is a nonresident fishing license and...

§20-2-42g. Class H Nonresident Small Game Hunting License - A Class H license is a nonresident small game hunting...

§20-2-42h. Class J Nonresident Small Game Shooting Preserve License - A Class J license is a nonresident small game shooting...

§20-2-42i. Class Ll Nonresident One-Day Fishing License - A Class LL license is a nonresident fishing license and...

§20-2-42j. Class X Resident Hunting, Fishing and Trapping License - A Class X license is a resident hunting, fishing and...

§20-2-42k. Class Xj Resident Junior and Class Xxj Nonresident Junior Hunting, Fishing and Trapping License - A Class XJ license is a resident junior hunting, fishing...

§20-2-42l. Class A-L Small Arms Hunting Stamp - Notwithstanding the provisions of section two, article seven, chapter sixty-one...

§20-2-42m. Class I Nonresident National Forest Hunting, Trapping and Fishing Stamp - A Class I stamp is a nonresident national forest hunting,...

§20-2-42n. Class N Resident and Class Nn Nonresident Antlerless Deer Hunting Stamp - A Class N stamp is a resident deer hunting stamp...

§20-2-42o. Class O Resident and Class Oo Nonresident Trout Fishing Stamp - A Class O stamp is a resident trout fishing stamp....

§20-2-42p. Class Rg Resident and Class Rrg Nonresident Gun Deer Hunting Stamp for an Additional Deer - The Director has the authority to issue a Class RG...

§20-2-42q. Class Rb Resident and Class Rrb Nonresident Archery Deer Hunting Stamp for an Additional Deer - The director may issue a Class RB resident and a...

§20-2-42r. Class Rm Resident and Class Rrm Nonresident Muzzle-Loader Deer Hunting Stamp for an Additional Deer - The Director shall have the authority to issue a Class...

§20-2-42s. Class Uu Nonresident Archery Deer Hunting Stamp - A Class UU stamp is a nonresident archery deer hunting...

§20-2-42t. Class Vv Nonresident Muzzle-Loading Deer Hunting Stamp - A Class VV stamp is a nonresident muzzle-loading deer hunting...

§20-2-42u. Class Ww Nonresident Turkey Hunting Stamp - A Class WW stamp is a nonresident turkey hunting stamp...

§20-2-42v. Class Bg Resident Big Game Stamp - A Class BG stamp is a resident big game stamp...

§20-2-42w. Class Y Special Crossbow Hunting Permit for Certain Disabled Persons - (a) A Class Y permit is a special statewide hunting...

§20-2-42x. Class Xs Resident Senior Hunting, Fishing and Trapping License - (a) A Class XS license is a resident senior hunting,...

§20-2-42y. Class Ah, Ahj, Aah, Aahj Apprentice Hunting and Trapping Licenses; Penalties - (a) Except for persons otherwise exempted, Class AH, AHJ, AAH,...

§20-2-42z. Class L Resident Five-Day Fishing License - A Class L license is a resident fishing license and...

§20-2-44. Free Fishing Days - The Director may designate up to two days each year...

§20-2-44b. Bear Damage Stamp; Proceeds to Be Paid Into Bear Damage Fund; Purposes, etc. - To hunt bear in this state, a licensed hunter shall...

§20-2-46e. Class Q Special Hunting Permit for Disabled Persons - (a) A Class Q permit is a special statewide hunting...

§20-2-46f. Class Dt Special Hunting and Fishing License for Persons With a Life-Threatening Condition - (a) A Class DT license is a special statewide hunting...

§20-2-47. License for Private Game Farm for Propagating Animals and Birds for Commercial Purposes - The director may issue a license for the operation of...

§20-2-48. License for Private Plant or Pond for Propagating Fish, Frogs, Turtles and Other Forms of Aquatic Life for Commercial Purposes - The director may issue a license for the operation of...

§20-2-49. Licenses for Dealers in Furs, Pelts, etc. - The director may issue licenses for buying or dealing in...

§20-2-50. Permit to Hunt, Kill, etc., Wildlife for Scientific or Propagation Purposes - The director may issue a permit to a person to...

§20-2-50a. Wildlife Damage Control Agents; Licensing - The director may issue a license to a person to...

§20-2-51. Permit for Keeping Pets - The director may issue a permit to a person to...

§20-2-52. Permits for Roadside Menageries - The director may issue a permit for the keeping and...

§20-2-53. License for Privately Owned Commercial Fishing Preserve - The director may issue a license for the operation of...

§20-2-54. License for Privately-Owned Commercial Shooting Preserves - (1) The director may issue a license for privately-owned commercial...

§20-2-55. License to Catch and Sell Minnows or Other Bait Fish - The director shall have the power and authority to issue...

§20-2-56. Permit to Hold a Field Trial, Shoot-to-Retrieve Field Trial, Water Race or Wild Hunt; License Exemption - The director may issue a permit to any person, group...

§20-2-56a. Bird Dog Training Permit - The director may issue a permit to train bird dogs...

§20-2-57. Negligent Shooting, Wounding or Killing of Livestock While Hunting; Criminal Violations; Penalty - (a) It is unlawful for any person, while engaged in...

§20-2-57a. Negligent Shooting, Wounding or Killing of Another Person While Hunting; Duty to Render Aid; Criminal Violations; Suspension of Hunting and Fishing License; Criminal Penalties; Administrative Penalties - (a) It is unlawful for any person, while engaged in...

§20-2-57b. Prohibition Against Hunting While Intoxicated; Offense of Hunting While Intoxicated, Creating Offense of Shooting Another Person When Hunting While Intoxicated; Creating Misdemeanor And, Felony Offenses for the Same; Defining Suspension of... - (a) It is unlawful for any person to hunt, pursue,...

§20-2-58. Shooting Across Road or Near Building or Crowd; Penalty - (a) In addition to any other prohibitions which may exist...

§20-2-59. License to Take Fish and Mussels for Commercial Purposes in Certain Waters - The director may issue a license to any resident of...

§20-2-60. Required Attire for Deer Hunters; Exemption; Penalty - Any person who hunts deer on public lands or the...

§20-2-62. Persons Exempt From Obtaining Hunting and Fishing Licenses; Qualification - Any person who has been a prisoner of war, was...

§20-2-64. Regulating Release of Fish, Water Animal and Other Aquatic Organisms; Stocking Permit - (a) It is unlawful for any person: (i) To release...

Article 2A. Voluntary Wildlife Check-Off Program

§20-2A-1. Legislative Intent - It is in the public interest to preserve, protect and...

§20-2A-2. Voluntary Check-Off Designation - (a) Each West Virginia individual income tax return form shall...

§20-2A-3. Contributions Credited to Special Fund - The tax department shall determine by July 1, of each...

§20-2A-4. Use of Funds - The funds shall be used for the purpose of enhancement...

§20-2A-5. Effective Date - This legislation shall take effect on January 1, 1982 and...

Article 2B. Wildlife Endowment Fund

§20-2B-1. Purpose - Recognizing the inestimable importance to the state and its people...

§20-2B-2. Board Created; Composition - The board of trustees of the wildlife endowment fund of...

§20-2B-3. Source of Fund Assets - The assets of the wildlife endowment fund shall be derived...

§20-2B-4. Status of Fund; Expenditures From the Fund - The wildlife endowment fund is declared to constitute a special...

§20-2B-5. Accumulation of Investment Income; How Expenditures Made; Fund Exclusive of Other Receipts And - appropriations; dissolution of department. (a) The board of trustees of...

§20-2B-6. Expenditure of Funds for Specific and General Purposes - In accordance with the intent of sections thirty-four and forty-two-o,...

§20-2B-7. Lifetime Hunting, Fishing, and Trapping Licenses Created - (a) Pursuant to 20-2B-3 of this code, the director may...

§20-2B-8. Privileges of Lifetime Licensees - Pursuant to section seven of this article, lifetime licensees shall...

§20-2B-9. Class Cs Resident Conservation Stamp; Purposes, etc. - A resident hunter, angler or trapper licensed to hunt, fish...

§20-2B-10. Class Cs/le Nonresident Conservation Law-Enforcement and Sports Education Stamp - (a) Any nonresident hunter, angler or trapper licensed to hunt,...

Article 2C. Interstate Wildlife Violator Compact

§20-2C-1. Governor's Authority to Execute - The Governor of West Virginia, on behalf of this state,...

§20-2C-2. When and How Compact Becomes Operative - When the Governor shall have executed said compact on behalf...

§20-2C-3. Compensation and Expenses of Compact Administrator - The compact administrator representing this state, as provided for in...

Article 3. Forests and Wildlife Areas

§20-3-2. Acquisition of Suitable Lands by Director; Maintenance Thereof as State Forests or Wildlife Areas; Relinquishment of Construction and Maintenance of Roads to the Commissioner of Highways - §20-3-2. Acquisition of suitable lands by director; maintenance thereof as...

§20-3-3. Establishment of Wildlife Areas; Leasing Lands Therefor - The director shall establish and maintain wildlife areas on lands...

§20-3-3a. Cabwaylingo Pilot Project - (a) The director in consultation with the forestry director shall...

§20-3-4. Authority and Duties of Director of the Division of Forestry and Others as to Forest Fires; Expenditures for Forest Fire Control; Limited Liability of Certain Persons Fighting Forest Fires - Upon receiving notice of any fire which is injuring or...

§20-3-5. Forest Fire Seasons; Prohibited and Permissible Fires; Burning Permits and Fees; Fire Control Measures; Criminal and Civil Penalties - (a) Forest fire seasons. — March 1 through May 31,...

§20-3-5a. Prescribed Fire Program - (a) As used in this section: (1) “Certified prescribed fire...

§20-3-6. Failure of Person to Extinguish Fire Started or Used by Him or Her; Throwing Lighted Material on Forest Land; Enforcement by State Fire Marshal; Penalties - (a) Any person who, by himself or herself, or by...

§20-3-7. Starting Fire on Lands of Another; Penalties - Any person who willfully sets or causes to be set...

§20-3-8. Duty of Railroad Company to Protect Against Fires - Every railroad company or other company operating a steam, diesel...

§20-3-9. Right of Railroad Company to Clear Land Adjacent to Right-of-Way - For the purpose of providing increased protection to forest land...

§20-3-10. Spark Arresters for Sawmills, etc.; Risk and Hazard Reduction to Protect Against Fires; Underground Coal Fires - No person, firm or corporation shall use or operate on...

§20-3-11. Recovery of Costs Incurred in Fighting Fires; Landowners Responsibility to Extinguish Fires - The Director of the Division of Forestry shall, in the...

§20-3-12. Timberland and Forest Land Defined - For the purpose of this chapter, any land shall be...

§20-3-13. Director Authorized to Secure Federal Cooperation; Annual Appropriation - The director may do all things required to meet the...

§20-3-14. Financial Assistance From Owners of Forest Lands; Expenditures by Director - The director may cooperate with the owners of forest lands...

§20-3-15. Owner Not Relieved From Civil Liability for Damage From Fire - Nothing in this chapter shall be construed to relieve the...

§20-3-16. Prima Facie Evidence of Negligence in Certain Actions for Injury Due to Fires - In all criminal and civil actions for any injury occasioned...

§20-3-17. Disposition of Proceeds of National Forests - Receipts from any national forest, paid to the state or...

§20-3-17a. Same -- Counties Embracing Spruce Knob-Seneca Rocks National Recreation Area - Notwithstanding the provisions of section seventeen of this article, national...

§20-3-18. Disposition of Flood Control, Navigation and Allied Funds From the Federal Government - Receipts from the treasurer of the United States, paid to...

§20-3-19. Protection of Forests Against Destructive Insects and Diseases; Purposes and Intent of Section - In order to protect and preserve forest resources of the...

§20-3-20. Governor's Authority to Execute - The Governor of West Virginia, on behalf of this state,...

§20-3-21. When and How Compact Becomes Operative - When the Governor shall have executed said compact on behalf...

§20-3-22. Compact Administration; Advisory Committee - In pursuance of article three of said compact, the director...

§20-3-23. Compact Committee Powers and Duties; Cooperation Therewith - There is hereby granted to the director, as compact administrator...

§20-3-24. Other Powers of State Forester Supplementary - Any powers herein granted to the state forester shall be...

§20-3-25. Governor's Authority to Execute - PROTECTION COMPACT. §20-3-25. Governor's authority to execute. The Governor of...

§20-3-26. When and How Compact Becomes Operative - When the Governor shall have executed said compact on behalf...

§20-3-27. Compact Administration - In pursuance of article two of said compact, the director...

§20-3-28. Compact Committee Powers and Duties; Cooperation Therewith - There is hereby granted to the members of the compact...

§20-3-29. Other Powers Supplementary - Any powers herein granted to the state forester shall be...

Article 3A. Skiing Responsibility Act

§20-3A-1. Legislative Purpose - The Legislature finds that the sport of skiing is practiced...

§20-3A-2. Definitions - Unless the context of usage clearly requires otherwise: (a) "Aerial...

§20-3A-3. Duties of Ski Area Operators With Respect to Ski Areas - Every ski area operator shall: (1) Mark all trail maintenance...

§20-3A-4. Responsibilities of Passengers - No passenger shall: (1) Board or embark upon or disembark...

§20-3A-5. Duties of Skiers - (a) It is recognized that skiing as a recreational sport...

§20-3A-6. Liability of Ski Area Operators - Any ski area operator shall be liable for injury, loss...

§20-3A-7. Liability of Passengers - Any passenger shall be liable for injury, loss or damage...

§20-3A-8. Liability of Skiers - Any skier shall be liable for injury, loss or damage...

§20-3A-9. Competition - (a) The ski area operator shall, prior to use of...

Article 3B. Whitewater Responsibility Act

§20-3B-1. Legislative Purposes - Every year, in rapidly increasing numbers, the inhabitants of the...

§20-3B-2. Definitions - Unless the context of usage clearly requires otherwise: (a) "Commercial...

§20-3B-3. Duties of Commercial Whitewater Outfitters and Commercial Whitewater Guides - (a) All commercial whitewater outfitters and commercial whitewater guides offering...

§20-3B-4. Duties of Participants - (a) Participants have a duty to act as would a...

§20-3B-5. Liability of Commercial Whitewater Outfitters and Commercial Whitewater Guides - It is recognized that some recreational activities conducted by commercial...

Article 4. Equestrian Activities Responsibility Act

§20-4-1. Legislative Purpose - The Legislature finds that equestrian activities are engaged in by...

§20-4-2. Definitions - In this article, unless a different meaning plainly is required:...

§20-4-3. Duties of Horsemen - Every horseman shall: (1) Make reasonable and prudent efforts to...

§20-4-4. Duties of Participants - It is recognized that equestrian activities are hazardous to participants,...

§20-4-5. Liability of Horsemen - (a) A horseman shall be liable for injury, loss or...

§20-4-6. Liability of Participants - Any participant shall be liable for injury, loss or damage...

§20-4-7. Applicability of Article - The provisions of this article do not apply to the...

Article 4A. Skin and Scuba Diving

§20-4A-1. Waters Where Diving Is Permitted; Exceptions - (a) Skin and scuba (self-contained underwater breathing apparatus) diving is...

§20-4A-2. &Quot;diver Down" Flag Required; Flag Specifications - (1) No person may skin or scuba dive in any...

§20-4A-3. Penalties - Any person violating any of the provisions of this article...

Article 5. Parks and Recreation

§20-5-1. Section of Parks and Recreation; Chief of Section; Existing Obligation; Appropriations - (a) The section of parks and recreation of the Division...

§20-5-2. Powers of the Director With Respect to the Section of Parks and Recreation - (a) The Director of the Division of Natural Resources is...

§20-5-3. Section of Parks and Recreation; Purpose; Powers and Duties Generally - The purposes of the Section of Parks and Recreation shall...

§20-5-4. Definitions; State Parks and Recreation System - As used in this article, unless the context clearly requires...

§20-5-5. Authority of Director to Issue Park Development Revenue Bonds; Grants and Gifts - The director, with the approval of the Governor, is hereby...

§20-5-6. Tax Exemption - The exercise of the powers granted to the director herein...

§20-5-7. Investment in Notes, Bonds and Security Interests - The notes, bonds and security interests of the director are...

§20-5-8. Disclaimer of Any Liability of State of West Virginia - The state of West Virginia shall not be liable on...

§20-5-9. Trustee for Holders of Park Development Revenue Bonds - The director may enter into an agreement or agreements with...

§20-5-10. Proceeds of Park Development Revenue Bonds, Grants and Gifts - The proceeds of all bonds sold for any park development...

§20-5-11. Authority of Director to Pledge Revenue From Recreational Facilities as Security - The director, with the approval of the Governor, shall have...

§20-5-12. Management and Control of Project - The division shall properly maintain, repair, operate, manage and control...

§20-5-13. Provisions of Constitution and Law Observed; What Approval Required - It shall not be necessary to secure from any officer...

§20-5-14. Restaurants and Other Facilities - The director may, on all areas under his or her...

§20-5-15. Authority to Enter Into Certain Operational Contracts; Terms and Conditions; Necessity for Legislative Notice and Public Hearing Before Certain Facilities Are Placed Under Contract - (a) The director may enter into a contract with a...

§20-5-16. Authority to Enter Into Contracts With Third Parties to Construct Recreational Facilities and Cabins; Public Comment - (a) Notwithstanding any other provision of this code to the...

§20-5-17. Correlation of Projects and Services - The director of the Division of Natural Resources shall correlate...

§20-5-18. Discounts for West Virginia Residents Over the Age of Sixty-Two - The director shall provide to West Virginia citizens who are...

§20-5-19. Discounts for West Virginia Residents Who Are Totally and Permanently Disabled - The director shall issue a discount card to West Virginia...

§20-5-21. Legislative Findings Relating to the Historical Town of Cass; Powers of the Director to Preserve the Integrity of the Town and to Promulgate Rules Therefor - (a) The Legislature finds: (1) That preserving heritage is essential...

§20-5-22. Powers and Duties of the Director Relating to Oil and Gas Access Roads on State Forests - (a) In addition to the requirements of article six, chapter...

Article 5A. State Parks and Recreation Endowment Fund

§20-5A-1. Establishment of Fund; Deposits; Expenditures; Investments - (a) There is created in the office of the State...

§20-5A-2. Board of Trustees - (a) A board of trustees is hereby created to administer...

Article 5E. Hazardous Waste Management Act

§20-5E-1. To 20-5e-25 - Repealed. Acts, 1994 Reg. Sess., Ch. 61.

Article 5F. Solid Waste Management Act

§20-5F-1. To 20-5f-12 - Repealed. Acts, 1994 Reg. Sess., Ch. 61.

Article 5G. Hazardous Waste Emergency Response Fund

§20-5G-1. To 20-5g-6 - Repealed. Acts, 1994 Reg. Sess., Ch. 61.

Article 5J. Medical Waste Act

§20-5J-1. Short Title - This article shall be known and cited as the "West...

§20-5J-2. Legislative Findings and Purpose - The Legislature finds that the proper and environmentally-sound disposal of...

§20-5J-3. Definitions - As used in this article: (1) "Commercial infectious medical waste...

§20-5J-4. Commercial Infectious Medical Waste Facility Prohibited - It shall be unlawful to construct or operate a commercial...

§20-5J-5. Designation of Secretary of the Department of Health and Human Resources as the State Infectious Medical Waste Management Primary Agency; Prohibitions; Requiring Permits - (a) The secretary is hereby designated as the infectious medical...

§20-5J-6. Powers of Secretary; Authority to Promulgate Rules - (a) The secretary shall promulgate legislative rules, in accordance with...

§20-5J-7. Inspections; Right of Entry; Sampling; Reports and Analyses; Subpoenas - (a) The secretary, upon the presentation of proper credentials and...

§20-5J-8. Enforcement Orders; Hearings - (a) If the secretary, upon inspection, investigation or through other...

§20-5J-9. Civil Actions and Injunctive Relief - (a) Any person who violates any provision of this article,...

§20-5J-10. Regulation of Infectious Medical Waste Collectors and Haulers by the Public Service Commission; Limitation of Regulation - (a) On and after July 1, 1991, collectors, haulers and...

Article 5K. Commercial Infectious Medical Waste Facility Siting Approval

§20-5K-1. Legislative Purpose - The purpose of this article is to provide the opportunity...

§20-5K-2. Definitions - Unless the context clearly requires a different meaning, as used...

§20-5K-3. Procedure for Public Participation - (a) From and after the effective date of this article,...

Article 7. Law Enforcement, Motorboating, Litter

§20-7-1. Chief Natural Resources Police Officer; Natural Resources Police Officers; Special and Emergency Natural Resources Police Officers; Subsistence Allowance; Expenses - (a) The division’s law-enforcement policies, practices and programs are under...

§20-7-1a. Natural Resources Police Officer Salary Increase Based on Length of Service - (a) Effective July 1, 2002, each natural resources police officer...

§20-7-1b. Designation of Certain Federal Law-Enforcement Officers as Special Natural Resources Police Officers - The Legislature finds that it is in the mutual interest...

§20-7-1c. Natural Resources Police Officer, Ranks, Salary Schedule, Base Pay, Exceptions - (a) Notwithstanding any provision of this code to the contrary,...

§20-7-1d. Awarding Service Weapon Upon Retirement; Disposal of Service Weapon When Replaced Due to Routine Wear; and Furnishing Uniform for Burial - (a) Upon the retirement of any full-time salaried natural resources...

§20-7-1e. Natural Resources Police Officers Failure to Perform Duties; Penalty; Providing Extraordinary Law Enforcement or Security Services by Contract - (a) Any natural resources police officer who demands or receives...

§20-7-1f. Awarding Service Weapon to Special Natural Resources Police Officers Upon Retirement; Disposal of Service Weapon When Replaced Due to Routine Wear; Furnishing Uniform for Burial - (a) Upon the retirement of any special natural resources police...

§20-7-2. Qualifications of Natural Resources Police Officers; Right of Retired Officer to Receive Complete Standard Uniform; Right of Retired Officer to Acquire Uniform; and Right of Retired Officer to Acquire Badge - In addition to civil service qualifications and requirements, persons selected...

§20-7-3. Powers and Duties of Other Law Officers - The sheriffs and constables of the several counties of the...

§20-7-4. Powers and Duties of Natural Resources Police Officers - (a) Natural resources police officers and other persons authorized to...

§20-7-4a. Arrest Procedure - (a) Whenever a person is arrested for any violation of...

§20-7-4b. Record of Cases - Every magistrate or judge of a court shall keep or...

§20-7-5. Enforcement of Chapter - The director shall be charged with the duty and responsibility...

§20-7-6. Prosecutions Under Chapter; Attorney Services; Costs - The director may cause complaints to be made and proceedings...

§20-7-7. Conspiracy to Violate Chapter; Withholding Information; Obstructing Officers - Any person who shields or conspires with another in the...

§20-7-8. Seizure and Disposition of Property Used for Illegal Purpose - (a) Any officer, when he or she arrests or otherwise...

§20-7-9. Violations of Chapter Generally; Penalties - Any person violating any of the provisions of this chapter...

§20-7-10. Justice of Peace Jurisdiction Under Chapter - Justices of the peace and all other courts established in...

§20-7-11. Motorboats and Other Terms Defined - As used in this section and subsequent sections of this...

§20-7-12. Motorboat Identification Numbers Required; Application for Numbers; Fee; Displaying; Reciprocity; Change of Ownership; Conformity With United States Regulations; Records; Renewal of Certificate; Transfer of Interest, Abandonment, etc.; Chan... - Every motorboat, as defined in this section, operating upon public...

§20-7-12a. Payment of Personal Property Taxes Prerequisite to Application for Certificate or Renewal of Number; Duties of Assessors; Schedule of Motorboat Values - Certificates of number and renewals therefor shall not be issued...

§20-7-12b. Boating Safety Education Certificate - (a) Except as otherwise provided in subsection (c) of this...

§20-7-13. Motorboat Classification; Required Lights and Equipment; Rules and Regulations; Pilot Rules - (a) Vessels on the waters of this state are subject...

§20-7-14. Motorboats Exempt From Numbering - A motorboat shall not be required to be numbered under...

§20-7-15. Dealers' and Manufacturers' Certificate of Number; Applications and Fees - Dealers' and manufacturers' certificate of number, containing the word "manufacturer"...

§20-7-16. Boat Liveries - (a) The owner or operator of a boat livery or...

§20-7-17. Motorboat Muffling - The exhaust of every internal combustion engine used on any...

§20-7-18. Care in Handling Watercraft; Duty to Render Aid After a Collision, Accident, or Casualty; Accident Reports - (a) No person shall operate a motorboat, jet ski, or...

§20-7-18a. Negligent Homicide; Penalties - (a) When the death of any person ensues within one...

§20-7-18b. Operating Under Influence of Alcohol, Controlled Substances or Drugs; Penalties - (a) Any person who: (1) Operates a motorboat, jet ski...

§20-7-18c. Implied Consent to Test; Administration at Direction of Law-Enforcement Officer - Any person who operates a motorboat, jet ski or other...

§20-7-18d. Operation of Personal Watercrafts - (a) No person under the age of 15 may operate...

§20-7-19. Water Skiing and Surfboarding - (a) No person shall operate a vessel on any waters...

§20-7-19a. Towing Water Skiers and Towables - (a) No person may operate a personal watercraft towing another...

§20-7-20. Regattas, Races and Exhibitions; Applications and Permits - (a) The department may authorize the holding of regattas, motorboat...

§20-7-20a. Personal Watercraft Operation and Towing Exemptions - (a) The provisions of sections eighteen-d and nineteen-a do not...

§20-7-21. Responsibility of Owner, etc., for Incapable Operators of Motorboats - No person who is the owner of any motorboat, or...

§20-7-22. General Rules and Regulations for Motorboating; Special Rules - The director is hereby authorized and empowered to prescribe and...

§20-7-22a. Agency Rule Making for Personal Watercrafts - The director of the Division of Natural Resources shall propose...

§20-7-23. Local Rules - (a) The provisions of this article, and of other applicable...

Article 7A. Cave Protection

§20-7A-1. Definitions - Unless the context in which used clearly requires a different...

§20-7A-2. Vandalism; Penalties - It is unlawful for any person, without express, prior, written...

§20-7A-3. Sale of Speleothems Unlawful; Penalties - It is unlawful to sell or offer for sale any...

§20-7A-4. Biological Policy; Penalties for Violation - It is unlawful to remove, kill, harm or disturb any...

§20-7A-5. Archaeology; Permits for Excavation; How Obtained; Prohibitions; Penalties - (a) No person may excavate, remove, destroy, injure or deface...

§20-7A-6. Liability of Owners and Agents - (a) Neither the owner of a cave nor his authorized...

Article 8. General and Miscellaneous Provisions

§20-8-1. Transition in Terms; Continuity - Whenever in this code and elsewhere in law the terms...

§20-8-2. Transfer of Records, Appropriations, Facilities and Other Properties and Assets - As of the effective date of this chapter, the records,...

§20-8-3. Construction of Chapter; Severability - The provisions of this chapter shall be liberally construed to...

§20-8-4. Effective Date - The provisions of this chapter shall become effective on July...

Article 9. Boat Dock and Marina Safety Requirements -- the Michael Cunningham Act

§20-9-1. Definitions - As used in this article: (1) "ABYC" means the American...

§20-9-2. Boat Dock and Marina Safety Requirements - Swimming and Signage - All boat dock or marina owners or operators shall install...

§20-9-3. Boat Dock and Marina Safety Requirements-Electrical Shock and Electrocution - All boat dock or marina owners or operators shall comply...

§20-9-4. Compliance Date and Enforcement - Each boat dock and marina shall be in full compliance...

§20-9-5. Rule-Making Authority - The State Fire Marshal may promulgate emergency rules pursuant to...

§20-9-6. Penalties - (a) A boat dock or marina owner or operator who...

Article 12. Conservation and Preservation Easements

§20-12-1. Short Title - This article shall be known and may be cited as...

§20-12-2. Purpose of Article - The West Virginia Legislature recognizes the importance and significant public...

§20-12-3. Definitions - The following words and phrases when used in this article...

§20-12-4. Creation, Transfer and Duration - (a) Except as otherwise provided in this article, a conservation...

§20-12-5. Judicial and Related Actions - (a) An action affecting a conservation or preservation easement may...

§20-12-6. Validity - (a) A conservation or preservation easement is valid even though:...

§20-12-7. Applicability - (a) This article applies to any interest created after the...

§20-12-8. Uniformity of Application and Construction - This article shall be applied and construed to effectuate its...

Article 13. West Virginia Stream Partners Program

§20-13-1. Short Title - This article shall be known and cited as the "West...

§20-13-2. Legislative Findings and Purpose - The Legislature finds that efforts to restore, protect and utilize...

§20-13-3. West Virginia Stream Partners Program Created; Executive Committee Identified; Program Coordination - Subject to annual appropriation of the Legislature, the program shall...

§20-13-4. Stream Partners Program - The West Virginia Stream Partners Program shall provide grants to...

§20-13-5. Grant Qualifications - In order to qualify for grants from the West Virginia...

§20-13-6. Administering Agency Support - The administering agencies may provide staff and other resources as...

Article 14. Hatfield-Mccoy Regional Recreation Authority

§20-14-1. Legislative Findings - The West Virginia Legislature finds that there is a significant...

§20-14-2. Definitions - Unless the context clearly requires a different meaning, the terms...

§20-14-3. Creation; Appointment of Board; Terms - (a) The public corporation, the Hatfield-McCoy Regional Recreation Authority, previously...

§20-14-4. Board; Quorum; Executive Director; Expenses - The board is the governing body of the authority and...

§20-14-4a. Financial Review and Oversight - (a) The authority shall contract for and obtain an annual...

§20-14-5. Powers of Authority - The authority, as a public corporation and joint development entity,...

§20-14-8. Prohibited Acts, Penalty - (a) A person may not enter or remain upon the...

§20-14-9. Limiting Liability - (a) An owner of land used by, or for the...

§20-14-10. Purchasing and Bidding Procedures - (a) Whenever the authority proposes to purchase or contract for...

§20-14-11. Conflicts of Interest Prohibiting Certain Contracts - (a) No contract, change order to a prior contract or...

§20-14-12. Civil Remedies for Unlawful Purchasing and Contracts - The county commission of any participating county may challenge the...

Article 15. Atv Responsibility Act

§20-15-1. Legislative Findings - The West Virginia Legislature finds that trail-oriented recreation for off-highway...

§20-15-2. Definitions - The terms in this article have the following meaning, unless...

§20-15-3. Scope - This article shall only apply to the Hatfield-McCoy Regional Recreation...

§20-15-4. Duties of Authorized Outfitters or Licensees - (a) Every authorized outfitter or licensee shall: (1) Mark for...

§20-15-5. Duties of Participants - (a) All participants: (1) Shall comply with any requirements established...

§20-15-6. Liability of Authorized Outfitters and Licensees - (a) Any authorized outfitter or licensee is liable for injury,...

§20-15-7. Liability of Participants - Any participant is liable for injury, loss or damage resulting...

§20-15-8. Authorized Outfitters Required to Carry Insurance - Every authorized outfitter or licensee shall carry public liability insurance...

Article 16. Nonprofit Adventure and Recreational Activity Responsibility Act

§20-16-1. Short Title - This article may be cited as the "Nonprofit Adventure and...

§20-16-2. Legislative Purpose - The Legislature finds that West Virginia is blessed by geography...

§20-16-3. Definitions - In this article, unless a different meaning plainly is required:...

§20-16-4. Duties of a Nonprofit Youth Organization or Provider - Every nonprofit youth organization or provider shall: (1) Make reasonable...

§20-16-5. Duties of Participants - It is recognized that the adventure and recreational activities described...

§20-16-6. Liability of Nonprofit Youth Organization or Provider - (a) A nonprofit youth organization or provider shall be liable...

§20-16-7. Liability of Participants - Any participant shall be liable for injury, loss or damage...

§20-16-8. Applicability of Article - The provisions of this article are in addition to provisions...

Article 17. Multicounty Trail Network Authorities

§20-17-1. Legislative Findings - The West Virginia Legislature finds that outdoor recreation is an...

§20-17-2. Definitions - Unless the context clearly requires a different meaning, the terms...

§20-17-3. Multicounty Trail Network Authorities Authorized; Addition of Counties; Merger of Existing Authorities - (a) For the purposes of this article, three or more...

§20-17-4. Board; Quorum; Executive Director; Expenses; Application of State Freedom of Information Act - (a) The board is the governing body of an authority...

§20-17-5. Financial Review and Oversight - (a) An authority shall contract for and obtain an annual...

§20-17-6. Powers of an Authority - An authority, as a public corporation and joint development entity,...

§20-17-7. Requirements for Trail Users and Prohibited Acts; Criminal Penalties - (a) An authority may require recreational users to wear protective...

§20-17-8. Limiting Liability - (a) An owner of land used by an authority owes...

§20-17-9. Purchasing and Bidding Procedures; Criminal Penalties - (a) Purchasing and bidding procedures; criminal penalties. — (1) Whenever...

Article 17A. Mountaineer Trail Network Recreation Authority

§20-17A-1. Legislative Findings; Purpose - The Legislature further finds that, with the cooperation of private...

§20-17A-2. Continuation of Mountaineer Trail Network Recreation Authority and Establishment of Recreation Area - (a) There is hereby continued the Mountaineer Trail Network Recreation...

§20-17A-3. Recreational Purposes - The permitted recreational purposes for the Mountaineer Trail Network Recreation...

§20-17A-4. Governing Body and Expenses - (a) The governing body of the authority shall be a...

§20-17A-5. Protection for Private Landowners - Owners of land used by the authority shall have the...

Article 18. West Virginia Division of Natural Resources Police Officer Retirement System

§20-18-1. Short Title - This article is known and may be cited as the...

§20-18-2. Definitions - As used in this article, unless a federal law or...

§20-18-3. Meaning of Terms - Any term used in this article has the same meaning...

§20-18-4. Creation and Administration of West Virginia Natural Resources Police Officers Retirement System; Specification of Actuarial Assumptions - There is hereby created the West Virginia Natural Resources Police...

§20-18-5. Article to Be Liberally Construed; Supplements Federal Social Security; Federal Qualification Requirements - (a) The provisions of this article shall be liberally construed...

§20-18-6. Members - (a) Any Natural Resources Police Officer first employed in covered...

§20-18-7. Creation of Fund; Investments - (a) There is hereby created the "West Virginia Natural Resources...

§20-18-8. Members Contributions; Employer Contributions - (a) There shall be deducted from the monthly salary of...

§20-18-9. Correction of Errors; Underpayments; Overpayments - (a) General rule. Upon learning of errors, the board shall...

§20-18-10. Transfer From Public Employees Retirement System - (a) The Consolidated Public Retirement Board shall, within 90 days...

§20-18-11. Notice Requirements - (a) The Division of Natural Resources shall prepare a written...

§20-18-12. Retirement; Commencement of Benefits - A member may retire and commence to receive retirement income...

§20-18-13. Federal Law Maximum Benefit Limitations - Notwithstanding any other provision of this article or state law,...

§20-18-14. Federal Law Minimum Required Distributions - The requirements of this section apply to any distribution of...

§20-18-15. Direct Rollovers - Except where otherwise stated, this section applies to distributions made...

§20-18-16. Rollovers and Transfers to Purchase Service Credit or Repay Withdrawn Contributions - (a) This section applies to rollovers and transfers as specified...

§20-18-17. Conversion of Annual and Sick Leave Authorized for Health or Retirement Benefits - (a) Any member, who was a member of the Public...

§20-18-18. Retirement Benefits - This section provides for a members accrued benefit payable starting...

§20-18-19. Annuity Options - (a) Prior to the effective date of retirement, but not...

§20-18-20. Refunds to Certain Members Upon Discharge or Resignation; Deferred Retirement; Preretirement Death; Forfeitures - (a) Any member who terminates covered employment and is not...

§20-18-21. Awards and Benefits for Disability Duty Related - (a) Any member who after the effective date of this...

§20-18-22. Awards and Benefits for Disability Due to Other Causes - (a) Any member with ten or more years of contributing...

§20-18-23. Awards and Benefits for Disability Physical Examinations; Termination of Disability - (a) The board may require any member who has applied...

§20-18-24. Prior Disability - Any Natural Resources Police Officer who became totally disabled as...

§20-18-25. Awards and Benefits to Surviving Spouse When Member Dies in Performance of Duty, etc. - (a) The surviving spouse of any member who, after the...

§20-18-26. Awards and Benefits to Surviving Spouse When Member Dies From Nonservice-Connected Causes - (a) In any case where a member who has been...

§20-18-27. Additional Death Benefits and Scholarships - Dependent Children - (a) In addition to the spouse death benefits in 20-18-25...

§20-18-28. Burial Benefit - Any member who dies as a result of any service...

§20-18-29. Double Death Benefits Prohibited - A surviving spouse is not entitled to receive simultaneous death...

§20-18-30. Return to Covered Employment by Retired Member - The annuity of any member who retires under the provisions...

§20-18-31. Exemption From Garnishment and Other Process; Exception for Certain Qualified Domestic Relations Orders - The moneys in the fund and the right of a...

§20-18-32. Fraud; Penalties; and Repayment - Any person who knowingly makes any false statement or who...

§20-18-33. Credit Toward Retirement for Member S Prior Military Service; Credit Toward Retirement When Member Has Joined Armed Forces in Time of Armed Conflict; Qualified Military Service - (a) Any member who has previously served on active military...

§20-18-34. Pro Rata Reduction of Annuities - Any provision in this article to the contrary notwithstanding, if...

§20-18-35. Liability of Participating Public Employer for Delinquent Retirement Contributions; Liability of Participating Public Employer S Successor for Delinquent Retirement Contributions; Lien for Delinquent Contributions; Collection by Suit - The requirements for this section shall be the same as...

§20-18-36. Benefits Not Forfeited if System Terminates - If the retirement system is terminated or contributions are completely...

§20-18-37. Severability - If any part of this article is declared unconstitutional by...

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West Virginia Code Chapter 20. Natural Resources

West Virginia Code
Chapter 20. Natural Resources