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WV Code § 20-3-12 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3. Forests and Wildlife Areas|§20-3-12. Timberland and Forest Land Defined

For the purpose of this chapter, any land shall be considered timberland or forest land which has enough timber standing or down to constitute, in the judgment of the department, a fire menace to itself or adjoining lands: Provided, That nothing in this section contained shall be construed to include lands under cultivation or in grass, unless a fire thereon would imperil such lands or adjoining lands.
WV Code § 20-3-13 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3. Forests and Wildlife Areas|§20-3-13. Director Authorized to Secure Federal Cooperation; Annual Appropriation

The director may do all things required to meet the conditions and requirements of the federal government in securing federal cooperation under the provisions of the Weeks Law and the Cooperative Forestry Assistance Act of 1978, and any other law amendatory thereof or supplemental thereto, for the purpose of the prevention and control of forest fires and the advancement of forestry practices.
WV Code § 20-3-14 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3. Forests and Wildlife Areas|§20-3-14. Financial Assistance From Owners of Forest Lands; Expenditures by Director

The director may cooperate with the owners of forest lands and receive financial assistance from them for forestry purposes and do any and all things necessary therefor, including the establishment and maintenance of patrol and lookout stations: Provided, That the director shall expend for forestry purposes, and for no other purpose, such moneys as shall be appropriated therefor by the state, and such moneys as may be recovered from persons giving origin to grass or forest fires, and such moneys as may be received from the federal government by appropriation under the Weeks Law, the Cooperative Forestry Assistance Act of 1978 and any reference to the Clarke-McNary Law or otherwise.
WV Code § 20-3-15 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3. Forests and Wildlife Areas|§20-3-15. Owner Not Relieved From Civil Liability for Damage From Fire

Nothing in this chapter shall be construed to relieve the owner, lessee or user of any land from civil liability for damage resulting from any fire for which their agents or employees may be responsible.
WV Code § 20-3-16 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3. Forests and Wildlife Areas|§20-3-16. Prima Facie Evidence of Negligence in Certain Actions for Injury Due to Fires

In all criminal and civil actions for any injury occasioned by fire communicated by burning or clearing land, the fact that such fire was so communicated shall be prima facie evidence of negligence on the part of the person or agent or employee or any other person who shall at the time of such injury by fire be in the use and occupation of the land on which the burning was done and of those who shall at such time have care and management of such burning.
WV Code § 20-3-17 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3. Forests and Wildlife Areas|§20-3-17. Disposition of Proceeds of National Forests

Receipts from any national forest, paid to the state or its proper officers pursuant to directions of acts of Congress, are to be allocated by the Auditor to each county which has acreage located in such national forest, in the proportion which the acreage in the county bears to the total acreage of the national forest in this state. Interest or other earnings accrued upon investment of the receipts pending allocation thereof shall be allocated to the recipients of the allocations in proportion to each recipient's allocation of the receipts. Eighty percent of the funds so allocated to any county are to be paid to the Board of Education of the county to be expended by the board for the benefit of the public schools of the county. Twenty percent of the funds so allocated to any county are to be paid to the state road commission to be expended for feeder and state local service road purposes in that county.Notwithstanding any contrary provisions of former law, any sheriff or county court of any county having charge or custody of any unexpended national forest proceeds, received under allocations made pursuant to former provisions of law, shall pay over eighty percent of the unexpended balance to the county board of education, and twenty percent thereof to the state road commission, for expenditure as provided herein.
WV Code § 20-3-17a (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3. Forests and Wildlife Areas|§20-3-17a. Same -- Counties Embracing Spruce Knob-Seneca Rocks National Recreation Area

Notwithstanding the provisions of section seventeen of this article, national forests receipts allocated by the Auditor as provided in section seventeen of this article to any county in which is located any part of the Spruce Knob-Seneca Rocks national recreation area as established by Public Law 89-207, 89th Congress, are to be paid by the Auditor to the county as follows: Sixty-three percent to the Board of Education of the county to be expended by the board for the benefit of the public schools of the county, and thirty-seven percent to the county commission of the county to be expended by the commission for general county purposes. Interest or other earnings accrued upon investment of the receipts pending allocation thereof shall be allocated to the recipients of the allocations in proportion to each recipient's allocation of the receipts.
WV Code § 20-3-18 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3. Forests and Wildlife Areas|§20-3-18. Disposition of Flood Control, Navigation and Allied Funds From the Federal Government

Receipts from the treasurer of the United States, paid to the state or its proper officers pursuant to direction of an act of Congress relating to disposition of funds received on account of the leasing of lands for flood control, navigation and allied purposes, are to be allocated by the State Auditor to each county in accordance with the method of allocation specified by the federal government. Interest or other earnings accrued upon investment of the receipts pending allocation thereof shall be allocated to the recipients of the allocations in proportion to each recipient's allocation of the receipts. The State Auditor shall transfer to the road commission fifty percent of the funds so allocated to each county for the purpose of maintenance of feeder and state local service roads in the area or areas of the county in which the flooded lands are located. Fifty percent of the funds so allocated to any county in which the lands are located are to be paid by the State Auditor to the Board of Education of that county to be expended by the board for the benefit of the public schools of the county.
WV Code § 20-3-21 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3. Forests and Wildlife Areas|§20-3-21. When and How Compact Becomes Operative

When the Governor shall have executed said compact on behalf of this state and shall have caused a verified copy thereof to be filed with the Secretary of State and when said compact shall have been ratified by one or more of the states named in section twenty of this article, then said compact shall become operative and effective as between this state and such other state or states. The Governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents as between this state and any other state ratifying said compact.
WV Code § 20-3-22 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3. Forests and Wildlife Areas|§20-3-22. Compact Administration; Advisory Committee

In pursuance of article three of said compact, the director of the department of natural resources of the State of West Virginia or his designated representative shall act as compact administrator for the State of West Virginia of the southeastern interstate forest fire protection compact during his term of office as director, and his successor as compact administrator shall be his successor as director. As compact administrator he shall be an ex officio member of the advisory committee of the southeastern interstate forest fire protection compact, and chairman ex officio of the West Virginia members of said advisory committee. There shall be four members of the southeastern interstate forest fire protection compact advisory committee from the State of West Virginia. Two of the members from the State of West Virginia shall be members of the Legislature of West Virginia, one from the Senate and one from the House of Delegates, designated by the state's commission on interstate cooperation, and the terms of any such members shall terminate at the time they cease to hold legislative office, and their successors as members shall be named in like manner. The Governor shall appoint the other two members from the State of West Virginia, one of whom shall be associated with forestry or forest products industries. Such members shall hold office until their respective successors shall be appointed and qualified. Vacancies occurring in the office of such members for any reason or cause shall be filled by appointment by the Governor for the unexpired term. The director as compact administrator may delegate, from time to time, to any deputy or other subordinate in his department or office, the power to be present and participate, including voting as his representative or substitute at any meeting of or hearing by or other proceeding of the compact administrators or of the advisory committee. The terms of each of the initial four memberships of the advisory committee, whether appointed at said time or not, shall begin upon the date upon which said compact shall become effective in accordance with article two of said compact. Any member of said advisory committee may be removed from office by the Governor upon charges and after a hearing.
WV Code § 20-3-23 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3. Forests and Wildlife Areas|§20-3-23. Compact Committee Powers and Duties; Cooperation Therewith

There is hereby granted to the director, as compact administrator and chairman ex officio of the West Virginia members of said advisory committee, and to the members from West Virginia of said advisory committee, all the powers provided for in the said compact and all the powers necessary or incidental to the carrying out of said compact in every particular. All officers of the State of West Virginia are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of said compact in every particular, it being hereby declared to be the policy of the State of West Virginia to perform and carry out the said compact and to accomplish the purposes thereof. All officers, bureaus, departments and persons of and in the state government or administration of the State of West Virginia are hereby authorized and directed at convenient times and upon request of said compact administrator, or of said advisory committee, to furnish information and data relating to the purposes of said compact possessed by them or any of them to said compact administrator or said advisory committee. They are further authorized to aid said compact administrator or said advisory committee by loan of personnel, equipment or other means in carrying out the purposes of said compact.
WV Code § 20-3-24 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3. Forests and Wildlife Areas|§20-3-24. Other Powers of State Forester Supplementary

Any powers herein granted to the state forester shall be regarded as in aid of and supplemental to, and in no case a limitation upon, any of the powers vested in said director by other laws of the State of West Virginia or by the laws of the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee and Virginia, or by the Congress or the terms of said compact.
WV Code § 20-3-26 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3. Forests and Wildlife Areas|§20-3-26. When and How Compact Becomes Operative

When the Governor shall have executed said compact on behalf of this state and shall have caused a verified copy thereof to be filed with the Secretary of State and when said compact shall have been ratified by one or more of the states named in section twenty-five of this article, then said compact shall become operative and effective as between this state and such other state or states. The Governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents as between this state or any other state ratifying said compact.
WV Code § 20-3-27 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3. Forests and Wildlife Areas|§20-3-27. Compact Administration

In pursuance of article two of said compact, the director of the department of natural resources of the State of West Virginia may appoint the state forester and the assistant state forester in charge of forest fire control to represent the State of West Virginia on the compact committee.
WV Code § 20-3-28 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3. Forests and Wildlife Areas|§20-3-28. Compact Committee Powers and Duties; Cooperation Therewith

There is hereby granted to the members of the compact committee appointed by the director and under the general supervision of the director, all the powers provided for in the said compact. All officers of the State of West Virginia are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary to the carrying out of said compact. All officers, bureaus, departments and persons of and in the state government or administration of the State of West Virginia are hereby authorized and directed at convenient times and upon request of the duly appointed members of the compact committee, to furnish information and data relating to the purpose of said compact possessed by them or any of them to said members of the compact committee. They are further authorized to aid said compact committee members by loan of personnel, equipment, or other means in carrying out the purposes of said compact.
WV Code § 20-3-29 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3. Forests and Wildlife Areas|§20-3-29. Other Powers Supplementary

Any powers herein granted to the state forester shall be regarded as in aid of and supplemental to, and in no case a limitation upon, any of the powers vested in said director by other laws of the State of West Virginia or by the laws of the state of Delaware, Maryland, New Jersey, Ohio, Pennsylvania and Virginia, or by the Congress or the terms of said compact.
WV Code § 20-3A-1 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3A. Skiing Responsibility Act|§20-3A-1. Legislative Purpose

The Legislature finds that the sport of skiing is practiced by a large number of citizens of West Virginia and also attracts to West Virginia a large number of nonresidents, significantly contributing to the economy of West Virginia. Since it is recognized that there are inherent risks in the sport of skiing which should be understood by each skier and which are essentially impossible to eliminate by the ski area operator, it is the purpose of this article to define those areas of responsibility and affirmative acts for which ski area operators shall be liable for loss, damage or injury and those risks which the skier expressly assumes for which there can be no recovery.
WV Code § 20-3A-2 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3A. Skiing Responsibility Act|§20-3A-2. Definitions

Unless the context of usage clearly requires otherwise:(a) "Aerial passenger tramway" means any device operated by a ski area operator used to transport passengers, by single or double reversible tramway; chair lift or gondola lift; T-bar lift, J-bar lift, platter lift, conveyor lift or similar device; or a fiber rope tow.(b) "Competitor" means a skier actually engaged in competition, a special event, or training or practicing for competition or a special event on any portion of the area made available by the ski area operator.(c) "Freestyle terrain" includes, but is not limited to, terrain parks and terrain park features such as jumps, rails, fun boxes, and all other constructed and natural features, half-pipes, quarter pipes, and freestyle-bump terrain.(d) "Passenger" means any person who is lawfully using an aerial passenger tramway, or is waiting to embark or has recently disembarked from an aerial passenger tramway and is in its immediate vicinity.(e) "Ski area" means any property owned or leased and under the control of the ski area operator or operators within West Virginia.(f) "Ski area operator" means any person, partnership, corporation or other commercial entity and their agents, officers, employees or representatives, or the State of West Virginia, or any political subdivision thereof, who has operational responsibility for any ski area or aerial passenger tramway.(g) "Skiing area" means all ski slopes and trails not including any aerial passenger tramway.(h) "Skier" means any person present at a skiing area under the control of a ski area operator for the purpose of engaging in the sport of skiing in locations designated as the ski slopes and trails, but does not include a passenger using an aerial passenger tramway.(i) "Skiing" means sliding downhill or jumping on snow or ice on skis, a toboggan, a sled, a tube, a snowbike, a snowboard, or any other device by utilizing any of the facilities of the ski area.(j) "Ski slopes and trails" means all ski slopes or trails and adjoining skiable terrain, including all their edges and features, and those areas designated by the ski area operator to be used by skiers for the purpose of participating in the sport of skiing in areas designated for that type of skiing activity. Ski slopes and trails shall be designated on trail maps, if provided, and by signs indicating to the skiing public the designated skiing activity for skiing areas.
WV Code § 20-3A-3 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3A. Skiing Responsibility Act|§20-3A-3. Duties of Ski Area Operators With Respect to Ski Areas

Every ski area operator shall:(1) Mark all trail maintenance vehicles and furnish such vehicles with flashing or rotating lights which shall be in operation whenever the vehicles are working or are in movement in the skiing area.(2) Mark with a visible sign or other warning implement the location of any hydrant or similar equipment used in snowmaking operations and located on ski slopes and trails.(3) Mark conspicuously the top or entrance to each ski slope, trail or area to designate open or closed and relative degree of difficulty using the appropriate symbols approved by the national ski areas association as of the effective date of this article and as may thereafter be modified by the association.(4) Maintain one or more trail boards at prominent locations at each ski area displaying that area's network of ski trails and slopes with each trail and slope rated thereon in accordance with the aforementioned symbols' code and containing a key to the code in accordance with the designations in subdivision (3) herein.(5) Designate by trail board or otherwise which trails or slopes are open or closed.(6) Place, or cause to be placed, whenever snow grooming or snowmaking operations are being undertaken upon any trail or slope while such trail or slope is open to the public, a conspicuous notice to that effect at or near the top of the trail or slope.(7) Post notice at prominent locations of the requirements of this article concerning the use of ski retention devices. This obligation shall be the sole requirement imposed upon the ski area operator regarding the requirement for or use of ski retention devices.(8) Maintain the ski areas in a reasonably safe condition, except that such operator shall not be responsible for any injury, loss or damage caused by the following: variations in terrain; surface or subsurface snow or ice conditions; bare spots, rocks, trees, other forms of forest growth or debris; collisions with pole lines, lift towers or any components thereof; or, collisions with snowmaking equipment which is marked by a visible sign or other warning implement in compliance with subdivision (2) of this section.(9) When no certified ambulance service is available in the vicinity, have on duty at or near the skiing area, during all times that skiing areas are open for skiing, at least one trained and currently certified emergency medical technician.
WV Code § 20-3A-4 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3A. Skiing Responsibility Act|§20-3A-4. Responsibilities of Passengers

No passenger shall:(1) Board or embark upon or disembark from an aerial passenger tramway except at an area designated for such purpose;(2) Drop, throw or expel any object from an aerial passenger tramway;(3) Perform any act which interferes with the running or operation of an aerial passenger tramway;(4) Enter the boarding area of or use any aerial passenger tramway without requesting and receiving instruction on its use from the ski area operator, unless the passenger has the ability to use it safely without instruction;(5) Engage in any harmful conduct, or willfully or negligently engage in any type of conduct which contributes to or causes injury to any person; or(6) Embark on an aerial passenger tramway without the authority, expressed or implied, of the ski area operator.
WV Code § 20-3A-6 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3A. Skiing Responsibility Act|§20-3A-6. Liability of Ski Area Operators

Any ski area operator shall be liable for injury, loss or damage caused by failure to follow the duties set forth in section three of this article where the violation of duty is causally related to the injury, loss or damage suffered. A ski area operator shall not be liable for any injury, loss or damage caused by the negligence of any person who is not an agent or employee of such operator, nor shall a ski area operator be liable for any injury, loss or damage caused by any object dropped, thrown or expelled by a passenger from an aerial passenger tramway. Every ski area operator shall carry public liability insurance in limits of no less than $100,000 per person, $300,000 per occurrence and $10,000 for property damage.
WV Code § 20-3A-7 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3A. Skiing Responsibility Act|§20-3A-7. Liability of Passengers

Any passenger shall be liable for injury, loss or damage resulting from violations of the duties set forth in section four.
WV Code § 20-3A-8 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 3A. Skiing Responsibility Act|§20-3A-8. Liability of Skiers

Any skier shall be liable for injury, loss or damage resulting from violations of the duties set forth in section five.§20-4-0 to 20-4-14.Repealed. Acts, 1985 Reg. Sess., Ch. 41.§20-4-15 to 20-4-25.Repealed. Acts, 1967 Reg. Sess., Ch. 147.