Kanawha County sets no defensible-space mandate, but if you burn cleared brush you must follow West Virginia's forest-fire-season rules — a 10-foot safety strip around the fire and the 5 p.m.–7 a.m. burning limit.
West Virginia has no law forcing homeowners to clear brush, and Kanawha County imposes no defensible-space requirement. The rules bite when you burn what you clear. Under W. Va. Code §20-3-5, during the spring and fall forest-fire seasons all flammable material must be removed around the pile for a strip at least 10 feet wide, the burn is confined to 5 p.m. through 7 a.m., and someone must stay with it. The steep hardwood slopes and hollows across the county carry heavy leaf litter that dries out and burns readily in spring and fall. The WV Division of Forestry can issue burn bans during drought.
Burning cleared brush without the required 10-foot safety strip, or outside the 5 p.m.–7 a.m. window during fire season, violates §20-3-5 — fines of $100 to $1,000 plus a $200 civil penalty and liability for any escaped fire.
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See how Kanawha County's brush clearance rules stack up against other locations.
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