It is that time of year again. Come Oct. 1, along with the leaves, the seasonal burn laws changed again. The following guidelines are set forth by the West Virginia Division of Forestry.
From Oct. 1 to Dec. 31, outdoor burning is prohibited during all daytime hours from 7 a.m. until 5 p.m.
All burning during the permitted hours must have the fire completely extinguished by 7 a.m.
Only natural, vegetative materials can be burned. Vegetative materials are defined as materials such as leaves, brush and yard clippings. No man-made materials can ever be burned in the State of West Virginia.
When burning, a safety strip must be cleared of burnable materials and be at least 10 feet wide to encompass the entirety of the debris pile. If using a spark-throwing machine like a power shovel or sawmill on lands subject to fire, it must contain an adequate spark arrestor. All fires must be attended during the burn until completely extinguished.
“During Fall Burn Season residents need to be especially aware of the reasons it’s put in place.
Accumulating dry leaf litter and fine twigs create a heavy fuel load. Along with daytime low relative humidity which together creates great conditions for fires to get out of control,” Tucker County Director of Emergency Management and Parsons Fire Chief Kevin White said.
The Division of Forestry also states the following regarding fire ban season:
“Inflammable waste disposal areas must annually remove all grass, brush, debris and other inflammable material adjacent to disposal areas to provide adequate protection, preventing the escape of fire to adjacent lands.
The State shall recover from the person or persons, firms or corporations whose negligence or whose violations of any provisions of this article cause ANY fire at ANY time on any grass or forest land in the amount expended by the State.
A landowner must take all practicable means to suppress ANY fire on his property. If he fails to do so, the State shall collect from him the amounts expended by the State for such purposes.” – West Virginia Division of Forestry
The fines for a forest fire due to negligence can range from $100 to $1,000 with an additional civil penalty of $200, according to the WV Division of Forestry. Additionally, should a fire damage neighboring property, civil damages may be incurred and the person who started the fire can be liable for any damages caused.
“West Virginia holds strict standards for forest fire laws in order to protect one of the state’s most valuable resources – our forests. Please be completely familiar with the following requirements any time you are burning outdoors,” the West Virginia Division of Forestry said.
Exclusions to Burning Season prohibitions are set forth by the WV Division of Forestry for: the purposes of food preparation; warmth or light around which all grass, brush, stubble or debris has been removed for at least 10 feet from the fire and burning which is conducted at any time when the ground surrounding the burning site is covered by one inch of snow or more.
The WV Division of Forestry does issue commercial burning permits for use during prohibited periods. More information on commercial burning permits can be obtained at wvforestry.com/fire-laws/.