Why It Matters: By reducing barriers limiting prescribed burning on private property in a state that is more than 83% privately owned, Senate Bill 886 will have a significant impact on wildlife habitat in West Virginia. Whether burning to reduce wildfire risk or to enhance habitat diversity, popular game species, including wild turkey, White-tailed deer, and black bear, as well as nongame species that require early successional habitats like the golden-winged warbler, will benefit from increased use of prescribed fire across the landscape.
Highlights:
- On February 9, West Virginia Legislative Sportsmen’s Caucus (Caucus) Co-Chair Senator Bill Hamilton introduced Senate Bill 886 to promote prescribed burning on private property.
- On February 23, the Congressional Sportsmen’s Foundation (CSF) submitted a letter of support to the Senate President.
- On February 23, the West Virginia Senate unanimously (33-0) passed the legislation. The bill was assigned to the House Committee on Government, where it awaits action.
West Virginia’s current statutory framework is not conducive to conducting prescribed burns on private property. Senate Bill 886 seeks to address these limitations by expanding the definition of prescribed fire to include private property, creating rulemaking authority for the Director of the West Virginia Division of Natural Resources for prescribed fire control on private property, and establishing liability protections for certified prescribed fire managers conducting controlled burns in compliance with the statutory requirements designed to ensure that prescribed burns are conducted safely by experienced professionals.
CSF’s letter emphasized the need to provide clarity in liability standards: “The current uncertain liability standard for certified prescribed fire managers discourages the use of prescribed fire. Senate Bill 886 balances private property rights and public safety by establishing a simple negligence standard for certified prescribed fire managers conducting prescribed burns in accordance with the statutory guidelines. Senate Bill 886 makes prescribed burning safer for landowners and the public while providing clarity for certified prescribed fire managers.”
CSF thanks Caucus Co-Chair Senator Hamilton for leading the charge on this important issue for West Virginia’s sportsmen and women and hopes to see the legislation signed into law to expand prescribed burning on private property to support wildlife and hunting traditions in the Mountain State.
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