Chapter 20, Chapter 20

It is recognized that some recreational activities conducted by commercial whitewater outfitters and commercial whitewater guides are hazardous to participants regardless of all feasible safety measures which can be taken. (a) No licensed commercial whitewater outfitter or commer…

(a) Forest fire seasons. — March 1 through May 31, and October 1 through December 31 are designated as forest fire seasons. During any fire season, a person may set on fire or cause to be set on fire any forest land, or any grass, grain, stubble, slash, debris, or other inflammab…

(a) As used in this section: (1) "Certified prescribed fire manager" means an employee of the Division of Forestry, the Division of Natural Resources, any federal employee, or individual who has successfully completed a certification process established by the director. (2) "Pres…

(a) Any person who, by himself or herself, or by his or her employees, agents or guides, or as an employee, agent or guide of any other person, shall at any time build or use any fire in any field, in any public or private road, or in any area adjacent to or in any forest land in…

Any ski area operator shall be liable for injury, loss or damage caused by failure to follow the duties set forth in section three of this article where the violation of duty is causally related to the injury, loss or damage suffered. A ski area operator shall not be liable for a…

Any passenger shall be liable for injury, loss or damage resulting from violations of the duties set forth in section four.

Any person who willfully sets or causes to be set on fire any forest land, grass, grain, stubble, brush, slash, debris, or any other inflammable substance upon the property of another without his consent, or in a place from which it is reasonable to expect that the fire may sprea…

Any skier shall be liable for injury, loss or damage resulting from violations of the duties set forth in section five. §20-4-0 to 20-4-14. Repealed. Acts, 1985 Reg. Sess., Ch. 41. §20-4-15 to 20-4-25. Repealed. Acts, 1967 Reg. Sess., Ch. 147.

Every railroad company or other company operating a steam, diesel or other type of locomotive shall clear, for a slope distance of twenty-five feet from the outside rail, or to the limits of the right-of-way if less than twenty-five feet, hazardous areas as designated by the stat…

For the purpose of providing increased protection to forest land from fire originating along railroads, any company which operates a railroad shall have the right, subject to the provisions of this section, without liability for trespass, to enter upon forest land for a distance …

(a) The ski area operator shall, prior to use of any portion of the area made available by the ski area operator, allow each competitor the opportunity to conduct a reasonable visual inspection of the ski slopes and trails or freestyle terrain used in the competition. (b) The com…

(a) Skin and scuba (self-contained underwater breathing apparatus) diving is permitted in all waters in this state, including natural and artificial lakes, except in the following areas: (1) Within one hundred feet of boat ramps, controlled swimming areas, marina areas and fishin…

The Legislature finds that equestrian activities are engaged in by a large number of citizens of West Virginia and that such activities also attract to West Virginia a large number of nonresidents, significantly contributing to the economy of West Virginia. Since it is recognized…

In this article, unless a different meaning plainly is required: (1) "Equestrian activity" means any sporting event or other activity involving a horse or horses, including, but not limited to: (A) Shows, fairs, competitions, performances or parades; (B) Any of the equine discipl…

(1) No person may skin or scuba dive in any waters of the state that are used by motorboats unless the diving area is marked by one "diver down" flag displayed at all times while a diver is in the water. (2) The "diver down" flag shall be a red field with a white diagonal stripe …

Any person violating any of the provisions of this article is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $20 nor more than $300, or confined in jail not less than ten nor more than one hundred days, or both fined and imprisoned.

Every horseman shall: (1) Make reasonable and prudent efforts to determine the ability of a participant to safely engage in the equestrian activity, to determine the ability of the horse to behave safely with the participant, and to determine the ability of the participant to saf…

It is recognized that equestrian activities are hazardous to participants, regardless of all feasible safety measures which can be taken. Each participant in an equestrian activity expressly assumes the risk of and legal responsibility for any injury, loss or damage to person or …

(a) A horseman shall be liable for injury, loss or damage caused by failure to follow the duties set forth in section three of this article where the violation of duty is causally related to the injury, loss or damage suffered. A horseman shall not be liable for any injury, loss …

Any participant shall be liable for injury, loss or damage resulting from violations of the duties set forth in section four of this article.

The provisions of this article do not apply to the horse racing industry that is regulated by the provisions of article twenty-three, chapter nineteen of this code.

(a) The section of parks and recreation of the Division of Natural Resources shall have within its jurisdiction and supervision the parks functions of the former Division of Tourism and parks, transferred to the Division of Natural Resources pursuant to the provisions of section …

(a) There is continued in the office of the State Treasurer a special revenue account fund to be known as the West Virginia State Parks and Recreation Endowment Fund. (b) The following shall be deposited into the fund: (1) The royalties received from the leasing of state-owned ga…

The purpose of this article is to provide the opportunity for public participation in the decision to locate commercial infectious medical waste management facilities.

This article shall be known and cited as the "West Virginia Medical Waste Act."

(a) On and after July 1, 1991, collectors, haulers and transporters of infectious medical waste who are "common carriers by motor vehicle," as defined in section two, article one, chapter twenty-four-a of this code, shall be regulated by the Public Service Commission in accordanc…

The proceeds of all bonds sold for any park development project and the proceeds of any grant or gift received by the director for any project financed by the issuance of park development revenue bonds shall be paid to the treasurer of the State of West Virginia, who shall not co…

The director, with the approval of the Governor, shall have authority to pledge all revenue derived from any project as security for any bonds issued to defray the cost of the project. In any case in which the director may deem it advisable, he or she shall also have the authorit…

The division shall properly maintain, repair, operate, manage and control the project, fix the rates of rental and establish bylaws and rules for the use and operation of the project and may make and enter into all contracts or agreements necessary and incidental to the performan…

It shall not be necessary to secure from any officer or board not named in this article any approval or consent, or any certificate or finding, or to hold an election, or to take any proceedings whatever, either for the construction of any project, or the improvement, maintenance…

The director may, on all areas under his or her jurisdiction and control, operate commissaries, restaurants and other establishments for the convenience of the public. For these purposes the director may purchase equipment, foodstuffs, supplies and commodities according to law.

(a) The director may enter into a contract with a person, firm, corporation, foundation or public agency for the operation of a commissary, restaurant, recreational facility or other establishment within the state parks and public recreational system, for a duration not to exceed…

(a) Notwithstanding any other provision of this code to the contrary, in addition to all other powers and authority vested in the director, he or she may: (1) Enter into contracts with third parties for the financing, construction, and operation of new recreational, lodging, and …

The director of the Division of Natural Resources shall correlate and coordinate park and recreation programs, projects and developments with the functions and services of other offices and sections of the division and other agencies of the state government so as to provide, cons…

The director shall provide to West Virginia citizens who are sixty-two years of age or older, and who document residency and age by a valid West Virginia driver's license, a fifty percent reduction in campground rental fees for each campsite to be used exclusively by said eligibl…

The director shall issue a discount card to West Virginia residents who are totally and permanently disabled which would provide a fifty percent reduction in campground rental fees for each campsite to be used exclusively by the eligible camper: Provided, That in order to be elig…

(a) The Director of the Division of Natural Resources is responsible for the execution and administration of the provisions in this article as an integral part of the parks and recreation program of the state and shall organize and staff the section of parks and recreation for th…

(a) A board of trustees is hereby created to administer the State Parks and Recreation Endowment Fund. (b) The board shall be composed of the Director of the Division of Natural Resources, serving as chair, the Chief of the Parks and Recreation Section of the Division of Natural …

The Legislature finds that the proper and environmentally-sound disposal of infectious and noninfectious medical waste is an important issue facing all West Virginians. The Legislature further finds that effective controls for the management of medical waste are necessary to ensu…

Unless the context clearly requires a different meaning, as used in this article the terms: (a) "Commercial infectious medical waste facility" means any infectious medical waste management facility at which thirty-five percent or more by weight of the total infectious medical was…

(a) The Legislature finds: (1) That preserving heritage is essential to promoting the education, prosperity and general welfare of the people of this state; (2) That the town of Cass, in Pocahontas County, is one of the few remaining historical logging towns in the United States …

(a) In addition to the requirements of article six, chapter twenty-two of this code, a party applying for the well work permit within a state forest shall publish a Class I-O legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code i…

(a) The West Virginia Division of Natural Resources shall establish an Adopt-A-Trail program that will allow volunteer groups to assist in maintaining and enhancing trails on state- owned land. (b) Subject to subsection (g) of this section, volunteer groups in the Adopt-A-Trail p…

(a) The director, in consultation with the Department of Tourism and the Department of Veterans’ Assistance, shall develop a comprehensive plan for the development of, and support for, a program which encourages the use of state parks and forests by veterans of this state. The pl…

(a) From and after the effective date of this article, in order to obtain approval to locate a commercial infectious medical waste facility, currently not under permit to operate, an applicant shall: (1) File a presiting notice with the county commission and local solid waste aut…

As used in this article: (1) "Commercial infectious medical waste facility" means any infectious medical waste management facility at which thirty-five percent or more by weight of the total infectious medical waste stored, treated, or disposed of by said facility in any calendar…

(a) Legislative findings and purpose. (1) The Legislature finds that certain areas of the state currently have existing developments or attractions, including, but not limited to, developments in West Virginia State Parks and resorts that are constructed on U.S. Army Corps of Eng…

The purposes of the Section of Parks and Recreation shall be to promote conservation by preserving and protecting natural areas of unique or exceptional scenic, scientific, cultural, archaeological, or historic significance, and to provide outdoor recreational opportunities for t…

It shall be unlawful to construct or operate a commercial infectious medical waste facility in the State of West Virginia: Provided, That the secretary may authorize an exception to this prohibition solely for facilities not utilizing incineration technology in any form, includin…

As used in this article, unless the context clearly requires otherwise: "Bonds" shall mean bonds issued by the director. "Cost of project" shall embrace the cost of construction, the cost of all land, property, material and labor which are deemed essential thereto, cost of improv…