W. Va. Code R. § 45-6-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 45-6-3 - Open Burning Prohibited

3.1. General Provisions. -- The open burning of refuse by any person is prohibited except for the following exceptions:

3.1.1. Vegetation grown on the premises of a home or farm, provided that there is compliance with the provisions of subdivision 1.1.2, and the health, safety, comfort and property of persons are protected from the effects of such burning.

3.1.2. Fires set for the purpose of bona fide instruction and training of public and industrial employees and members of volunteer fire departments in the methods of fighting fires, provided that approval to conduct such burning is received from the Secretary. Burning of structures for fire training is subject to specific requirements of 45CSR34 and 40 CFR Part 61 Subpart M.

3.1.3. Open burning of land clearing debris provided that all the following conditions are met:

3.1.3.a. There is no practical alternate method for the disposal of the material to be burned;

3.1.3.b. The health, safety, comfort and property of persons are protected from the effects of such burning; and

3.1.3.c. Approval to conduct such burning is received from the Secretary.

3.1.4. Open burning of propellant and explosive wastes, provided that the open burning is conducted in accordance with 45CSR25.

3.1.5. Prescribed burning, in accordance with a written prescribed fire plan approved by the West Virginia Division of Forestry, or in the case of federal lands, approved by the appropriate Agency Administrator and endorsed by the West Virginia Division of Forestry, prior to ignition for the following wildlife, forest and associated land management purposes:

3.1.5.a. To improve forest health;

3.1.5.b. To maintain and restore wildlife habitat;

3.1.5.c. To reduce forest fuels and minimize the effect of wildfires;

3.1.5.d. To prepare land for planting or seeding (site preparation);

3.1.5.e. To restore fire-dependent forest ecosystems; and

3.1.5.f. To integrate with other control methods for use in eradication of non-native invasive plants.

3.2. The exemptions listed in subsection 3.1 are subject to the following stipulation:

3.2.1. Upon notification by the Secretary, no person shall cause or allow any form of open burning during existing or predicted periods of atmospheric stagnation. Notification shall be made by such means as the Secretary may deem necessary and feasible.

W. Va. Code R. § 45-6-3