Do I need a permit to compost in my backyard?

No. Residential composting is exempt from solid waste facility permits under WV DEP rules, though local zoning ordinances may impose additional requirements.

Can I burn yard waste in West Virginia?

Vegetation grown on your premises may be burned subject to 45CSR6 and WV Division of Forestry seasonal burn laws. Burning household trash is prohibited statewide.

What are the penalties for illegal open burning?

DEP may issue notices of violation and civil penalties up to $10,000 per day under 45CSR6. Forestry violations can also result in misdemeanor charges and suppression cost recovery.

West Virginia Composting (2026)

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

Source: West Virginia Legislature

Full Breakdown

Under WV Code §22-15 (Solid Waste Management Act) and DEP rule 33CSR3, 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.

West Virginia Composting and Open Burning State Rules

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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