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West Virginia Statewide Rule

West Virginia Forest Fire Protection Areas and Liability

Heavy RestrictionsApplies statewide across West Virginia (2026)

Key Facts

Statute
W. Va. Code 20-3-1 et seq.
Liability Standard
Strict for damages
Authority
Division of Forestry
Emergency Bans
Director may declare
Last verified: September 5, 2026Source: West Virginia Legislature

Summary

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.

The Director of the Division of Forestry shall, in the name of the state, recover from the person or persons, firms or corporations whose negligence or whose violation of any provision of this article caused any fire at any time on grass or forest land, the amount expended by the state for the personal services of persons especially employed under the provisions of section four of this article to control, confine, extinguish or suppress such fire, and the costs associated therewith, including payment for the personal services rendered by full-time State Division of Forestry employees, operating costs of state equipment used and costs related thereto in controlling, confining, extinguishing or suppressing such fire. Such recovery shall not bar an action for damages by any other person.

Source: West Virginia LegislatureView official code

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Am I liable if my campfire spreads to West Virginia forestland?
Yes. Under W. Va. Code 20-3-5, anyone whose fire escapes and damages forest land is strictly liable for suppression costs and damages, regardless of intent or negligence finding.
Can West Virginia declare emergency wildfire bans?
Yes. The Director of the Division of Forestry may declare emergency burning bans during high fire danger that prohibit all outdoor burning statewide or in designated areas until conditions improve.

Sources

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