Permitting prescribed fire control on private property without burning permit
Summary
SB 886 revises West Virginia’s prescribed fire program to expressly cover prescribed burns on private property and to clarify when a burn may proceed without a separate burning permit. The bill expands the statutory definition of “prescribed fire” to include controlled burns on private land, provided they are conducted under specified environmental conditions and for planned land-management purposes. It also defines “certified prescribed fire manager” and sets out who may qualify, including state, federal, and other individuals who complete a certification process established by the director of the Division of Forestry.
The bill requires a certified prescribed fire manager to complete a prescribed burn course, pass an examination, and prepare a written prescription before any burn. That prescription must identify the landowner and manager, describe the burn area and objectives, specify weather parameters, outline ignition/control/extinguishment methods, and include a smoke management plan consistent with Department of Environmental Protection rules. The manager must directly supervise the burn and notify the nearest regional forestry office at least 24 hours in advance. The director is also directed to propose rules for certification procedures and for prescribed fire control on private property.
Impact
The bill amends and reenacts West Virginia Code §20-3-5a, strengthening the legal framework for prescribed burning by creating a clearer pathway for certified managers to conduct controlled burns on private property. It provides liability protection for certified prescribed fire managers who comply with the statute, air pollution control laws, and applicable forestry and environmental rules, while preserving liability where negligence, improper implementation, or noncompliance causes nuisance, damage, or injury. It also authorizes the director to revoke certification for violations or threats to public health and safety, and requires rulemaking to implement the certification program and private-property burn controls.
Sentiment
The bill appears to have broad bipartisan support and little recorded opposition. It passed the Senate 31-0, the House 90-0, and then the Senate again 32-0 on concurrence with House amendments. The unanimous votes suggest general agreement that the measure is a practical wildfire and land-management tool that also adds safety and oversight requirements.
Contention
No committee transcript or recorded floor debate is provided, and the roll calls show no opposition votes, so there is no documented controversy in the available materials. The main policy balance embedded in the bill is between expanding flexibility for landowners and certified burners to use prescribed fire on private property and maintaining safeguards through certification, supervision, smoke management, notice requirements, and liability limits only when the burn is conducted lawfully and without negligence.
Establishes deadline for DEP implementation of prescribed burn program, and provides for establishment of prescribed burn acreage goals, schedules, calendars, training program, and mobile deployment units to provide on-site prescribed burn training and assistance.