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West VirginiaSB 8862026 Regular SessionSenate

Permitting prescribed fire control on private property without burning permit

Sponsored By: Bill Hamilton (Republican)

Signed by Governor

§20-3-5A

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Liability shield for safe burns

Beginning June 12, 2026, if you are a certified prescribed fire manager and you follow this law and state air rules, you have limited civil liability for smoke or fire damage. You are still liable for nuisance or damage caused by negligent or improper work, or if you did not meet all requirements.

New rules to plan prescribed burns

Beginning June 12, 2026, a certified manager must write a burn plan before any prescribed burn. The plan lists owner and manager contacts, a map, goals, weather limits, how to start and stop the fire, and a smoke plan that follows DEP Rule 45 CSR 6. Keep the plan at the site. The manager must supervise and notify the nearest Division regional office at least 24 hours before burning. The Division writes detailed rules and can revoke certification for violations or safety threats.

Get certified to run prescribed burns

Beginning June 12, 2026, the Division runs a certification program and course for prescribed fire managers. The course covers law, fire behavior, tactics, smoke, environmental effects, planning, and safety, and ends with a final exam. You can qualify by passing the director’s course, passing a comparable course, or showing experience, taking a review, and passing the exam. The director may charge a reasonable fee for the course and exam.

Sponsors & Cosponsors

Sponsor

  • Bill Hamilton

    Republican • Senate

Cosponsors

  • Vince Deeds

    Republican • Senate

  • Patrick Martin

    Republican • Senate

  • Rupie Phillips

    Republican • Senate

  • Darren Thorne

    Republican • Senate

  • Jack Woodrum

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 160 • No: 0

Senate vote • 3/14/2026

Senate concurred in House amendments and passed bill (Roll No. 634)

Yes: 34 • No: 0

House vote • 3/13/2026

Passed House (Roll No. 588)

Yes: 93 • No: 0

Senate vote • 2/23/2026

Passed Senate (Roll No. 199)

Yes: 33 • No: 0

Actions Timeline

  1. Chapter 197, Acts, Regular Session, 2026

    6/25/2026Senate

  2. Approved by Governor 4/1/2026

    4/1/2026Senate

  3. To Governor 3/19/2026

    3/19/2026Senate

  4. House Message received

    3/14/2026Senate

  5. Senate concurred in House amendments and passed bill (Roll No. 634)

    3/14/2026Senate

  6. Communicated to House

    3/14/2026Senate

  7. Completed legislative action

    3/14/2026Senate

  8. To Governor 3/19/2026 - Senate Journal

    3/14/2026Senate

  9. Approved by Governor 4/1/2026 - Senate Journal

    3/14/2026Senate

  10. Approved by Governor 4/1/2026 - House Journal

    3/14/2026House

  11. On 3rd reading with right to amend, Special Calendar

    3/13/2026House

  12. Reported by the Clerk

    3/13/2026House

  13. Amendment reported by the Clerk

    3/13/2026House

  14. Amendment adopted (Voice vote)

    3/13/2026House

  15. Read 3rd time

    3/13/2026House

  16. Passed House (Roll No. 588)

    3/13/2026House

  17. Communicated to Senate

    3/13/2026House

  18. On 2nd reading, Special Calendar

    3/12/2026House

  19. Read 2nd time

    3/12/2026House

  20. With amendment, do pass

    3/11/2026House

  21. Immediate consideration

    3/11/2026House

  22. Read 1st time

    3/11/2026House

  23. On 3rd reading

    2/23/2026Senate

  24. Read 3rd time

    2/23/2026Senate

  25. Passed Senate (Roll No. 199)

    2/23/2026Senate

Bill Text

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