Kanawha County, WV Fire Regulations: Brush Clearance (2026)
Key Facts
- Clearance Mandate
- None required
- Safety Strip
- 10 feet minimum
- Burn Hours
- 5 p.m.–7 a.m. in season
- Agency
- WV Division of Forestry
- Statute
- W. Va. Code §20-3-5
Summary
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.
A person shall remove all flammable material from the area immediately surrounding the material to be burned for a distance which ensures the fire will at all times be contained; this safety strip shall in no event be less than 10 feet wide.
Full Breakdown
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.
Violations & Fines
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.
Frequently Asked Questions
Am I required to clear brush around my house in Kanawha County?
What are the rules if I burn the brush I clear?
Sources & Official References
Other rules in Kanawha County
Compare Kanawha County to another location·View the West Virginia fire regulations overview
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