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WV Code § 19-1-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1. Department of Agriculture|§19-1-2. Commissioner of Agriculture

The commissioner of agriculture shall be elected by the qualified voters of the state at the same time and in the same manner as other state officers are elected, and shall hold office for a term of four years and until his or her successor is elected and qualified.
WV Code § 19-1-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1. Department of Agriculture|§19-1-3. Employees; Itemized Statement of Expenditures; Monthly Statement and Payment of Moneys Received by Commissioner

The commissioner shall organize his or her department and may employ a general counsel and other such legal, business, science, and technical professionals, para-professionals, and experts, and employees as may be necessary to perform the duties of the office. He or she shall fix their compensation and may require them to give bond for the faithful performance of their duties.The commissioner shall certify to the State Auditor, from time to time, an itemized account of all expenditures made by him or her for employee hire and other purposes, whereupon the Auditor shall draw his or her warrant on the State Treasurer for the payment thereof out of the funds appropriated by the Legislature for that purpose, but in no case to exceed such appropriation.The commissioner shall, within 10 days after the expiration of each month, submit to the Auditor and Treasurer an itemized statement of all moneys received by him or her during that month, and at the same time pay such money into the State Treasury.
WV Code § 19-1-3a (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1. Department of Agriculture|§19-1-3a. Marketing and Economic Development Duties

(a) The department shall establish marketing, promotional, and economic development programs to advance West Virginia agriculture in the domestic and international markets; provide grading, inspection, and market news services to the various elements of the West Virginia agricultural industry; and regulate and license individuals involved in the marketing of agricultural products. Upon request of the commissioner, the Department of Economic Development may coordinate with the Department of Agriculture in the development of such programs.(b) Any documentary material, data, or other writing made or received by the department in furtherance of its economic development duties and for the purpose of furnishing assistance to a new or existing business shall be exempt from the provisions of 29B-1-1 et seq. of this code.
WV Code § 19-1-4a (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1. Department of Agriculture|§19-1-4a. Commissioner Authorized to Accept Gifts, etc., and Enter Into Cooperative Agreements

The commissioner of agriculture is hereby empowered and he shall have authority to accept and receive donations, gifts, contributions, grants, and appropriations of money, services, materials, real estate or other things of value from the United States Department of Agriculture, or any of its divisions or bureaus, and he shall have authority to use, utilize, develop, or expend such money, services, material, or other contributions in conformity with the conditions and provisions set forth in such grants, appropriations, or donations.By and with the approval of the Governor, the commissioner may accept and receive donations, gifts, contributions, and grants of money, services, materials, real estate, and other things of value from individuals, partnerships, associations, or corporations, and he shall have authority to utilize such contributions to encourage, promote and develop the agricultural interests or industries of the state.The commissioner is hereby empowered, and he shall have authority, to enter into agreements with any department of state government for the purpose of carrying out any regulatory laws where or when any related functions or duties exist. He shall also have authority to enter into agreements with any city council or county court of the State of West Virginia, for carrying out the provisions of the agricultural laws over which he has enforcement authority.
WV Code § 19-1-4b (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1. Department of Agriculture|§19-1-4b. Authority of Commissioner to Increase Certain Fees by Rules or Regulations

The commissioner is hereby authorized to promulgate and adopt rules in accordance with the provisions of chapter twenty-nine-a of this code, fixing dues for permits, licenses, certificates, registrations and laboratory tests when, in the opinion of the commissioner, it becomes necessary to increase these fees in order to cover the costs of providing the services involved or issuing the permits, licenses, certificates or registrations applicable.
WV Code § 19-1-4c (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1. Department of Agriculture|§19-1-4c. Agriculture Fees Fund

There is hereby created a special revenue account within the state Treasury to be known as "Agricultural Fees Fund". Expenditures from the fund shall be used exclusively by the commissioner of agriculture for the purpose of enforcement and administration of this chapter. Moneys paid into the account shall be from all moneys collected under this chapter, except those designated in article one-a; article two-g; article twenty-one; article twenty-one-a; article twenty-one-b; article twenty-three; article twenty-five; article twenty-six; article twenty-seven; and section twenty-three, article sixteen-a.
WV Code § 19-1-4d (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1. Department of Agriculture|§19-1-4d. Farmland Preservation Fees Fund

There is hereby created a special revenue account within the state Treasury to be known as "Farmland Preservation Fees Fund". Expenditures from the fund shall be used exclusively by the commissioner of agriculture for the purpose of funding farmland preservation boards in any county which has adopted and implemented a farmland protection program pursuant to the farmland preservation act as enacted beginning with section seventy-two, article twenty-four, chapter eight of this code.
WV Code § 19-1-4e (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1. Department of Agriculture|§19-1-4e. Department of Agriculture Capital Improvements Fund

There is hereby created in the State Treasury a special revenue account to be known as the Department of Agriculture Capital Improvements Fund. The fund shall be administered by the Department of Agriculture. The fund shall consist of all moneys transferred into the fund pursuant to §19-12A-6a of this code, any moneys that may be appropriated and designated for the fund by the Legislature, and all interest or other return earned from investment of the fund. Expenditures from the fund shall be for the purpose of funding construction and capital improvements to facilities owned or occupied by the Department of Agriculture and are not authorized from collections, but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of §12-3-1 et seq. of this code and upon the fulfillment of the provisions set forth in §11B-2-1 et seq. of this code. Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund, but shall remain in the fund and be expended as provided by this section.
WV Code § 19-1-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1. Department of Agriculture|§19-1-5. Cooperative Statistical Work

The commissioner of agriculture is hereby authorized to conduct cooperative work with the United States Department of Agriculture in gathering and disseminating information concerning agriculture, and it shall be the duty of the commissioner of agriculture and the Tax Commissioner to prepare and supply to the several assessors of the state printed forms, books, blanks, papers and reports, which are hereby required to be printed by the state printer out of the printing fund of the state, to be used in the gathering of such agricultural and other statistics as the commissioner of agriculture may require.
WV Code § 19-1-6 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1. Department of Agriculture|§19-1-6. Duty of Assessor to Gather Statistics

Commencing on July 1, of each year, the assessors shall proceed to gather such statistics as the commissioner of agriculture and the Tax Commissioner may require, and the printed books, forms, blanks, papers and reports when so completed shall be returned to the commissioner of agriculture, on or before March 1 next ensuing.
WV Code § 19-1-8 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1. Department of Agriculture|§19-1-8. Penalty for Failure of Assessor to Perform Duties

Any assessor failing to perform any of the duties required of him in this article shall be guilty of a misdemeanor, and, upon conviction thereof, fined not more than $100.
WV Code § 19-1-9 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1. Department of Agriculture|§19-1-9. Agriculture Advisory Board

There shall be a state agriculture advisory board to consist of the Governor, the commissioner of agriculture and the director of the cooperative extension service of West Virginia University, ex officio. It shall be the duty of the members of such board to meet together at the seat of government at least four times each year at regular intervals to consider the conditions and needs of the agricultural interests of the state, and how and in what manner the functions, powers and duties assigned by law to each Department of Agriculture may be most efficiently and economically administered for the benefit of the state so that there may be neither overlapping, duplication nor interference of, by or with the work of the one department with that of the other, and that the department best calculated to exercise and discharge certain powers, duties or functions be thereunto appointed and authorized, and that the other department shall desist from further activities in that behalf.The decision of any two members of such board shall be final, and the department against which such decision shall be shall cease all activities not in conformity with such decision, and the other department shall proceed to carry on the work in conformity therewith.
WV Code § 19-1-10 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1. Department of Agriculture|§19-1-10. Requirement for Social Security Number on Applications

The commissioner shall require every applicant for a license, permit, certificate of registration, or registration under this chapter to place his or her social security number on the application.
WV Code § 19-1-11 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1. Department of Agriculture|§19-1-11. Rural Rehabilitation Loan Program

(a) The Rural Rehabilitation Loan Program is an important tool for the Commissioner of Agriculture to promote investment in the agricultural industry in the state. Rules are needed for the loan program to remain viable.(b) The commissioner shall propose emergency and legislative rules for approval in accordance with §29A-3-1 et seq. of this code. The rules shall, at a minimum:(1) Establish minimum requirements and qualifications for the loan committee, including the addition of public members who have agricultural or business loan experience;(2) Prohibit department employees and loan committee members, and their immediate family members, from receiving program loans;(3) Establish minimum financial requirements for receiving a program loan;(4) Require loans to be used for agricultural or related purposes;(5) Require collateral sufficient to secure the loan;(6) Establish policies for the application, applicable interest rates, delinquencies, refinancing, collection proceedings, collateral requirements, and other aspects of the loan program;(7) Require the department to advertise the loan program to the public, including information on the departments website and in the departments market bulletin; and(8) Transfer the servicing of the program loans to a financial institution via competitive bid or to the State Treasurers office or other governmental entity.(c) The commissioner shall file an annual report to the Joint Committee on Government and Finance regarding the loan program, including information about the loans awarded, loans repaid, loans outstanding, interest rates, delinquency and collections, and other pertinent data.(d) The commissioner shall not be required to utilize the services of the State Agency for Surplus Property for the disposition of items purchased by participants in the loan program and subsequently repossessed by the committee to be sold in order to satisfy the balance of an outstanding loan.
WV Code § 19-1A-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1A. Division of Forestry|§19-1A-1. Legislative Findings

The Legislature finds that West Virginia has extensive forest resources and their continued development and expansion is vital to the economic well-being of the state and its people.The Legislature also finds that the production potential of the state's forest resources remains far greater than the present demand.The Legislature further finds that the promotion of existing forest products industries and the promotion of new forest products industries would benefit the state in terms of employment and additional revenue to the state.The Legislature further finds and declares that, to increase employment and boost the state's economy, the limits to the development of the potential of West Virginia forest resources must be reduced through an intensive campaign aimed at making new contacts, developing new and existing markets and increasing public awareness of the advantages of the forest resources in West Virginia.The Legislature further finds that the state forests are an important resource for silvicultural and scientific research; developed and undeveloped outdoor recreation; propagation of forest trees, fish and wildlife; wildlife and fisheries management; aesthetic preservation; hunting and fishing; timber production; and demonstration of state-of-the-art forestry management and therefor should be managed on a multiple-use basis.
WV Code § 19-1A-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1A. Division of Forestry|§19-1A-2. Legislative Purposes

The purposes of this article are to provide for promoting West Virginia products; promoting new forest products industries; developing existing forest products industries; promoting coordination of all state forests resources; advising the Governor and Legislature on all aspects of forestry, the management of state forests for conservation and preservation of wildlife, fish, forest species, natural areas, aesthetic and scenic values and to provide developed and undeveloped outdoor recreational opportunities, and hunting and fishing for the citizens of this state and its visitors.
WV Code § 19-1A-3b (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1A. Division of Forestry|§19-1A-3b. Timber Theft; Investigations; Criminal and Civil Penalties

(a) Timber theft is the misappropriation or taking of timber belonging to another, or proceeds derived from the sale of timber, either taken without the consent of the owner, or by means of fraudulent conduct, practices, or representations, with the intent to deprive the owner permanently of the timber or proceeds derived therefrom.(b) The Division of Forestry has the primary responsibility for the collection, preparation, and central registry of information relating to timber theft. The division has the authority to investigate and enforce the provisions of this section when violations of the provisions of §61-3-52 of this code occur.
WV Code § 19-1A-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1A. Division of Forestry|§19-1A-4. Additional Duties of the Director of the Division of Forestry Generally

(a) The director shall:(1) Develop, promote and advance the growth of the forest products industries of this state;(2) Cooperate with educational institutions, development agencies and private and public organizations to promote the expansion of the forest products industries of this state in local and global markets;(3) Conduct research on marketing and developing forest products and forest products industries; conserving, managing and utilizing the state's forest land and its multiple uses; and improving the forestry knowledge and practices of private landowners; and(4) Compile its findings and recommendations, and disseminate the results of its research to the public, the forest products industry, the Governor and the Legislature.(b) The director has the power to carry out and effectuate the purposes of this article, article one-b of this chapter and article three of chapter twenty of this code, including the power to:(1) Accept and use gifts, donations or contributions from individuals, organizations or corporations, and to acquire by gift, lease or purchase real estate;(2) Establish law-enforcement practices and procedures to address the law-enforcement requirements of the division;(3) To promulgate rules and regulations, subject to the provisions of chapter twenty-nine-a of this code; and(4) Enter into stewardship end-result contract projects with the United States Forest Service by written agreement or contract and submit an annual report to the Joint Committee on Government and Finance, no later than the first day of October each year, specifying the locations of projects, the amount of funding received, number of contracts and the purpose of each contract.
WV Code § 19-1A-5 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1A. Division of Forestry|§19-1A-5. Director of Division of Forestry; Appointment; Qualifications

The Director of the Division of Forestry shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall serve at the will and pleasure of the Governor. The director shall be a graduate of a school of forestry accredited by the Society of American Foresters and have a minimum of ten years' experience in forest management. The director shall be paid an annual salary as provided in section two-a, article seven, chapter six of this code: Provided, That the director's salary shall be paid solely from budget appropriations to the division.
WV Code § 19-1B-1 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1B. Sediment Control During Commercial Timber Harvesting Operations|§19-1B-1. Short Title

This article shall be known and cited as the "Logging Sediment Control Act."
WV Code § 19-1B-2 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1B. Sediment Control During Commercial Timber Harvesting Operations|§19-1B-2. Legislative Findings, Intent and Purpose of Article

The Legislature hereby finds that some activities associated with the commercial harvesting of timber results in the exposure of soil and that, if uncontrolled, such exposed soil can erode resulting in gullying, soil slippages and sediment deposition in streams.It is the policy of this state to strengthen and extend the present sediment control activities of this state by implementing operator licensing, logger certification and logging operations notification programs through the Division of Forestry.
WV Code § 19-1B-3 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1B. Sediment Control During Commercial Timber Harvesting Operations|§19-1B-3. Definitions

(a) "Best management practices" means sediment control measures, structural or nonstructural, used singly or in combination, to reduce soil runoff from land disturbances associated with commercial timber harvesting.(b) "Chief" means the Director of the Division of Water and Waste Management of the Department of Environmental Protection, or his or her designee.(c) "Director" means the Director of the Division of Forestry of the Department of Commerce or his or her designee.(d) "Operator" means any person who conducts timbering operations.(e) "Timbering operation," or the plural, means activities directly related to the severing or removal of standing trees from the forest as a raw material for commercial processes or purposes. For the purpose of this article, timbering operations do not include the severing of evergreens grown for and severed for the traditional Christmas holiday season; the severing of trees incidental to ground-disturbing construction activities, including well sites, access roads and gathering lines for oil and natural gas operations; the severing of trees for maintaining existing, or during construction of, rights-of-way for public highways or public utilities or any company subject to the jurisdiction of the Federal Energy Regulatory Commission unless the trees so severed are being sold or provided as raw material for commercial wood product purposes; or the severing of trees by an individual on the individual's own property for his or her individual use provided that the individual does not have the severing done by a person whose business is the severing or removal of trees.(f) "Sediment" means solid particulate matter, usually soil or minute rock fragments, moved by wind, rainfall or snowmelt into the streams of the state.
WV Code § 19-1B-4 (2021)
2021 West Virginia Code|Chapter 19. Agriculture|Article 1B. Sediment Control During Commercial Timber Harvesting Operations|§19-1B-4. Timbering License Required; Requirement for License; Exemption; Annual Fee; Rules

(a) A person may not conduct timbering operations, purchase timber, or buy logs for resale until he or she has obtained a license and met the requirements of this article.(b) Exemptions. — A person who severs or removes, or hires or contracts with another to sever or remove, standing trees from his or her own land is exempted from the timbering operations licensure requirement of this section during any calendar year in which all trees severed or removed by or on behalf of the owner of record has a total gross sales value received by the exemption holder of less than $52,000. A person hired or contracted to sever or remove standing trees from the land of another is exempted from the timbering operations licensure requirement of this section during any calendar year in which all trees severed or removed by the hired or contracted person has a total gross sales value received by the exemption holder of less than $52,000.(c) An applicant for a timbering operation license shall submit an application and the fee of $150 for each biennial renewal of the license. The application shall contain the following information:(1) Name, address, and telephone number of the applicant and, if the applicant is a business entity other than a sole proprietor, the names and addresses of the principals, officers, and resident agent of the business entity;(2) The applicants West Virginia business registration number or a copy of the current West Virginia business registration certificate. The Division of Forestry shall submit this information and a list of all applicants to the Tax Commissioner each month of the calendar year to ensure compliance with payment of severance, income withholding, and all other applicable state taxes; and(3) Any other information as required by the director.(d) The director shall propose rules for legislative approval pursuant to the provisions of §29A-3-1 et seq. of this code regarding the acquisition, suspension, and revocation of a license under this article. The rules are the proper subject of emergency legislative rules that may be promulgated in accordance with the provision of §29A-3-15 of this code.(e) The director shall prescribe a form providing the contents and manner of posting notice at the timbering operation. The notice shall include, at a minimum, the operators name and license number.