West Virginia Code Chapter 20 Article 3 establishes Division of Forestry authority over wildfire protection statewide, imposing strict liability for fire suppression costs and uniform restrictions in all forested areas regardless of locality.
West Virginia Code Sections 20-3-1 through 20-3-7 grant the Division of Forestry jurisdiction over forest fire prevention and suppression statewide. Any person whose negligent or unlawful fire causes damage to forest land is strictly liable for suppression costs, damages, and statutory penalties. The Director of Forestry may declare emergency burning bans during high fire danger periods that supersede normal seasonal rules. The forest fire warden system applies uniformly across the state, and railroads, utilities, and operators in forested zones must comply with spark and fire prevention requirements.
Negligent fire causing forest damage triggers strict liability for full suppression costs plus civil penalties up to $1,000 per offense and possible misdemeanor prosecution.
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