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SB 886

Permitting prescribed fire control on private property without burning permit

2026 Regular Session Introduced by Vince Deeds and 2 co-sponsors

SB 886 creates a state-regulated framework for private-property prescribed fires, including certified managers, written burn prescriptions, smoke plans, and liability protections.

Chapter 197, Acts, Regular Session, 2026
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Bill Summary · SB 886

Overview

Senate Bill 886 (SB 886) from the 2026 Regular Session of the West Virginia Legislature amends and reenacts provisions related to forests and wildlife areas to expand the use and oversight of prescribed fire on private property. The measure establishes a certification framework for prescribed fire managers, clarifies definitions, sets requirements for prescribed burns, provides liability protections under certain conditions, and directs rulemaking for private-property prescribed fire control.

Purpose and intent

  • Create a formal, regulated framework for conducting prescribed burns on private property.
  • Establish a certification program for individuals who plan and supervise prescribed fires.
  • Allow safer, more standardized use of prescribed fire as a management tool for silvicultural, ecological, wildlife, and fire-risk objectives.
  • Provide liability protections to certified prescribed fire managers when burns are conducted in accordance with the statute and applicable environmental and air-quality laws, while preserving accountability for negligent or improper execution.

Key provisions and changes

  • Definitions (Section 5a):

    • Certified prescribed fire manager: Includes Division of Forestry or Division of Natural Resources personnel, federal employees, or private individuals who complete a director-approved certification process.
    • Prescribed fire: Controlled application of fire on wildlife areas, state or federal lands, or private property under conditions that confine the fire and meet management objectives.
    • Prescription: Written objective-and-conditions document specifying weather, fuels, and soil moisture parameters to guide the burn.

  • Certification process (Section 5a, subsections b–c):

    • The Director must create a certification process and prescribed burn course covering legal aspects, fire behavior, tactics, smoke management, environmental effects, plan preparation, and safety; a final exam is required. A reasonable course fee may be charged.
    • Eligibility for certification includes:
    • Completing the prescribed fire course and passing the exam.
    • Completing a comparable course elsewhere and passing the exam.
    • Demonstrating relevant experience, completing a review, and passing the exam.

  • Prescribed burning requirements (Section 5a, subsection d):

    • A certified prescribed fire manager must prepare a written prescription before burning, including:
    • Landowner contact information and the manager's contact details.
    • Area description, map, burn objectives, and desired weather/parameter conditions.
    • Methods to start, control, and extinguish the fire.
    • A smoke management plan aligned with DEP rules (45 CSR 6).
    • A copy of the prescription must be kept at the burn site for the duration of burning.
    • The manager must directly supervise the burn and ensure compliance with the prescription.
    • The manager must notify the nearest regional Division of Forestry office 24 hours prior to the burn.

  • Liability (Section 5a, subsection e):

    • A certified prescribed fire manager acting in compliance with statute, air-pollution rules, and applicable forestry/DEP rules is not liable for damage or injury caused by smoke or fire, except where nuisance or damage results from negligent or improper implementation or when requirements were not met.

  • Certification enforcement (Section 5a, subsection f):

    • The director may revoke a certification if the manager or prescriptions violate the statute or related laws or threaten public health and safety.

  • Rulemaking (Section 5a, subsection g):

    • The director is to propose rules for establishing the certification program and for private-property prescribed fire control, following standard West Virginia rulemaking procedures.

Who is affected

  • Individuals seeking to conduct prescribed burns on private property may obtain certification as prescribed fire managers.
  • Private landowners utilizing prescribed fire as a management tool could interact with certified managers and benefit from a formal process and liability protections when burns are performed properly.
  • State agencies (Division of Forestry, Division of Natural Resources) and the Department of Environmental Protection, which oversee related environmental rules and air-pollution controls, will engage with the prescribed-fire program and associated smoke-management requirements.
  • Environmental compliance and public health/safety authorities will monitor adherence and enforcement.

Procedural and timeline aspects

  • Effective date: 90 days after passage (signed March 14, 2026; takes effect roughly mid-June 2026).
  • Certification program rules: To be promulgated by the Director under state rulemaking procedures (not immediately operative; to be developed and implemented subsequently).
  • Implementation relies on regulatory rulemaking to establish course content, certification standards, and private-property control procedures.

Summary

SB 886 creates a formal, state-guided framework for conducting prescribed fires on private property, introducing a certified manager designation, a structured training and examination process, mandatory pre-burn prescriptions and smoke-management planning, and LIABILITY protections for compliant managers. It also requires regulatory rulemaking to finalize the program, aiming to standardize practice, promote safety, and support ecological and land-management objectives through prescribed fire.

Compiled from official sources — confirm details with the bill’s official record.

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