W. Va. C.S.R. § 87-1-1 et seq. § §87-1-8
Forest Fire Season
Operative Text
§ 87-1-8. Forest Fire Season.
8.1. The periods of each year between March 1st and May 31st, inclusive, and October 1st and December
st
31 , inclusive, are designated as forest fire seasons. No person shall during any fire season, except between
the hours of 5:00 PM and 7:00 AM prevailing time, set fire to, or procure another to set fire to, any brush,
leaves, grass, debris, or field containing dry grass or other inflammable material capable of spreading fire,
located in or within 300 feet of any woodland, brushland, or field containing dry grass or other inflammable
material. Any fire set during this time shall be extinguished prior to 7:00 AM prevailing time. The
prohibition of fires between 7:00 AM and 5:00 PM prevailing time does not include (1) small fires set for
the purpose of food preparation, or providing light or warmth around which all grass, brush, stubble, or
other debris has been removed for a distance of 10 feet from the fire, and (2) burning which may be
conducted at any time when the ground surrounding the burning site is covered by 1 inch or more of snow.
Any person who sets or causes to be set any fire permitted by this section shall not leave the fire unattended
for any period of time.
8.2. Any person or his or her agent or employee who sets or causes to be set any fire at any time in the
use and occupation of any kind on which the burning was being done is in violation of this section if fire
escapes beyond the safety strip. 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, at any time builds or uses any fire in any
field, on any public or private road, or in any area adjacent to or on any forest land in this state, shall before
leaving the fire for any period of time, totally extinguish the fire. A person shall not at any time throw or
place any lighted match, cigar, cigarette, firecracker or lighted material on any forest land, private road,
public highway, or railroad right-of-way within this state.W. Va. C.S.R. § 87-1-8 designates two annual periods—March 1 through May 31 and October 1 through December 31—as forest fire seasons, during which open burning near woodlands, brushland, or dry fields is restricted to the nighttime hours of 5:00 PM to 7:00 AM. Any fire set during those permitted hours must be fully extinguished before 7:00 AM, and no fire may ever be left unattended. Limited exceptions exist for small cooking or warming fires with a cleared perimeter, and for burning when at least one inch of snow covers the surrounding ground. Year-round, anyone who builds a fire in a field, on a road, or near forest land must completely extinguish it before leaving, and no one may discard any lit material onto forest land or roadways.
Plain English — not legal advice.
Property owners and managers whose land includes or borders woodland, brushland, or dry fields should be aware that W. Va. C.S.R. § 87-1-8 imposes strict seasonal and year-round fire restrictions on those premises. A compliant operator ensures that any burning conducted on the property during the designated fire seasons occurs only within the permitted nighttime window, that fires are fully extinguished before 7:00 AM, and that no fire is ever left unattended. Operators also typically ensure that employees, agents, or contractors working on the property understand the year-round prohibition on discarding lit materials and the obligation to fully extinguish any fire before leaving the site.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants who rent property that includes or adjoins woodland, brushland, or dry fields should understand that W. Va. C.S.R. § 87-1-8 places legal obligations on any person—including occupants—who sets or causes a fire on or near such land. The provision holds individuals responsible if a fire escapes beyond a required safety strip, and it prohibits leaving any fire unattended at any time of year. Tenants who have questions about their responsibilities or potential liability under this provision may wish to consult a tenant-rights organization or legal aid service familiar with West Virginia property and fire regulations.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation