West Virginia Statewide Rule
West Virginia Composting and Open Burning State Rules
Key Facts
- Composting authority
- WV Code §22-15
- Residential compost permit
- Exempt
- Open burning rule
- 45CSR6
- Garbage burning
- Prohibited statewide
- Max penalty
- $10,000 per day
Summary
West Virginia Code §22-15 and 45CSR6 set statewide composting and open burning standards. Residential backyard composting is exempt from solid waste permits, but open burning is regulated and largely prohibited.
Notwithstanding any provision of this code to the contrary, composting of organic materials, including, but not limited to, yard waste, food scraps, food-processing residue, soiled or unrecyclable paper, animal carcasses, and agricultural waste may be disposed of by composting in this state.
Full Breakdown
Under WV Code §22-15 (Solid Waste Management Act) and WV DEP solid waste rules, residential composting of yard waste and food scraps is exempt from commercial solid waste facility permitting. Non-residential composting must follow location and operational standards. Open burning is governed statewide by 45CSR6, which generally prohibits open burning except for specific exceptions: vegetation grown on the premises, campfires, outdoor barbecues, and DAQ-approved land-clearing debris. Burning household garbage is illegal statewide. Violations may incur civil penalties up to $10,000 per day. Local fire restrictions and the WV Division of Forestry March-May and October-December burn ban hours apply additionally.
Violations & Penalties
Open burning violations: civil penalty up to $10,000 per day under 45CSR6; forestry burn law violations: misdemeanor with fines plus suppression costs.
Frequently Asked Questions
Do I need a permit to compost in my backyard?
Can I burn yard waste in West Virginia?
What are the penalties for illegal open burning?
Sources
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