reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-02 - Sediment Control During Commercial Timber-Harvesting Operations - Licensing › Section 22-2-4 - License Suspension; Suspension of Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The license of any operator may be
				suspended for no less than 30 nor more than 90 days when found to be in
				violation of the provisions of either the logging sediment control act or the
				water pollution control act for a second time within any two-year period. Under
				such circumstances, a compliance order and a suspension order issued for the
				same violation shall constitute a single offense for the purposes of license
				suspension.
4.2. The director, or
				his or her designee, has the discretion to immediately suspend a timbering
				operator from further operations, a singular timbering operation, or any part
				of any operation in any part of the state.
4.3. A compliance order must accompany the
				suspension order and define the violation as well as the corrective actions
				that must be taken to facilitate the release of the suspension order.
4.4. Violations to be considered as cause for
				license suspension or a suspension order shall include, but not be limited to:
4.4.a. Failure to have a timbering operation
				supervised by a certified logger.
4.4.b. Failure to notify the director, on a
				form provided by the director, at least 3 days prior to the beginning of a
				timbering operation.
4.4.c.
				Providing invalid or misleading information on a notification form or failing
				to provide information on the form as required by the director.
4.4.d. Failure to place a sign, as per
				section 3.7, at the timbering operation.
4.4.e. Failure to use appropriate best
				management practices.
4.4.f.
				Failure to observe compliance orders from the director.
4.4.g. Failure to observe a suspension order
				from the director.
4.4.h.
				Interfering with the director's or chief's access to the operation for
				inspection purposes during reasonable working hours or for
				emergencies.
4.4.i. The director
				believes that observed damage or circumstances on a timbering operation are
				sufficient to endanger life or result in uncorrectable soil erosion or water
				pollution.
4.4.j. Upon request from
				another state or federal agency that the operator is in violation of state or
				federal law.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-02 - Sediment Control During Commercial Timber-Harvesting Operations - Licensing › Section 22-2-5 - License Revocation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				license of any timbering operator, timber buyer, log buyer, or exemption held
				by an approved person may be revoked for any of the following reasons:
5.1.a. Providing false data on the licensing
				application or exemption form.
5.1.b. Being found in violation of either the
				logging sediment control act or the water pollution control act for a third
				time within any two-year period. Violations to be considered as causes for
				license revocation shall include, but are not necessarily limited to, the
				listing in section 4.4.a through 4.4j of this regulation.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-02 - Sediment Control During Commercial Timber-Harvesting Operations - Licensing › Section 22-2-6 - Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Persons
				severing evergreen trees for sale during the traditional Christmas season shall
				be exempt from licensing for that activity.
6.2. Persons severing trees incidental to
				ground-disturbing construction activities shall be exempt from licensing for
				that activity provided that the wood products produced are not sold.
6.3. Persons severing trees incidental to the
				construction of access roads, well sites, gathering lines or transportation
				pipelines shall be exempt for that activity provided that the wood products
				produced are not sold.
6.4. Persons
				severing trees incidental to the construction of highways or public utility
				rights-of-way or for the maintenance of existing highways or public utility
				rights-of-way shall be exempt from licensing for that activity providing that
				the trees so severed are not sold.
6.5. Companies regulated by the federal
				energy regulatory commission shall be exempt from licensing for the severing of
				trees incidental to the purposes for which they are regulated.
6.6. An individual severing trees on the
				individual's own property with the intention of using the logs directly or for
				the manufacture of wood products for the personal use of the individual or the
				immediate family of the individual shall be exempt from licensing for that
				activity, provided that the individual does not have the severing conducted by
				a person whose business is the commercial severing or removal of
				trees.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-02 - Sediment Control During Commercial Timber-Harvesting Operations - Licensing › Section 22-2-7 - Right of Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any person
				aggrieved or having an interest adversely affected by a decision of the
				director relative to the licensing of timbering operators, or timber buyers or
				log buyers purchasing logs for resale shall have the right to appeal the order
				pursuant to the provisions of W. Va. Code §
									19-1B-10, W. Va. Code §
									19-1B-11, W. Va. Code §
									51-11-1
et seq.
or W. Va. Code §
									29A-5-4, as applicable.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-03 - Sediment Control During Commercial Timber-Harvesting Operations - Logger Certification › Section 22-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures by which the certification necessary before a
				person may directly supervise timbering operations in West Virginia may be
				acquired, suspended or revoked.
1.2. Authority. -- W. Va. Code §
									19-1B-7.
1.3. Filing Date. -- June 3, 2024
1.4. Effective Date. -- June 3,
				2024
1.5. Sunset Provision. - This
				rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-03 - Sediment Control During Commercial Timber-Harvesting Operations - Logger Certification › Section 22-3-3 - Procedures for Certifying Loggers; Supervisory Activities; Carrying Photo Identification Card

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any
				individual engaged in the supervision of a logging crew shall be certified as a
				certified logger by the director. Logging crew members not involved in
				supervision may be certified, but certification is not mandatory.
3.2. The chief or any agent of the chief
				engaged in the review of timbering operations to ascertain compliance with
				appropriate statutes shall be specially certified by the director upon
				successful completion of the BMP training portion of the program.
3.3. Any individual applying for
				certification as a certified logger shall first complete the course of
				instruction prescribed by the director for that purpose and shall then complete
				an application form supplied by the director.
3.4. A fee of $150 shall be submitted with
				each application for certification or for certification renewal for each
				biennial certification term. There shall be no prorating of the fee for partial
				term certification.
3.5. Certified
				Loggers must complete a course of continuing education approved by the director
				before every biennial recertification.
3.5.a.
				The course of training must include a minimum of 6 credits approved by the
				director, 2 of the credits must consist of a review relating to West Virginia
				laws and BMP's for silvicultural operations.
3.5.b. All applications for continuing
				education credits must be made on the form provided by the Division and
				approved by the director.
3.5.c.
				Any provider holding an approved training shall provide a roster of attendees,
				certified by affixing his or her signature on the roster, to the Division
				before credits shall be applied.
3.5.d. Disputes over denial of credits or the
				amount of credits issued for a particular training shall be resolved by a panel
				consisting of the director, a currently certified logger, a representative from
				WVU Division of Forestry and Natural Resources, a representative from a
				forest-products industry organization and a representative from a forestry
				certification organization.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-03 - Sediment Control During Commercial Timber-Harvesting Operations - Logger Certification › Section 22-3-4 - Logger Certification Suspension

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The certification of any certified
				logger may be suspended for no less than 30 nor more than 90 days when found to
				be in violation of the provisions of either the logging sediment control act or
				the water pollution control act for a second time within any two-year period. A
				single incident, regardless of the number of citations, shall constitute a
				single violation.
4.2. Violations
				to be considered as cause for certification suspension shall include, but shall
				not be limited to:
4.2.a. Providing invalid or
				misleading information on an application form.
4.2.b. Failure to use appropriate best
				management practices.
4.2.c.
				Failure to observe compliance orders from the director.
4.2.d. Failure to observe a timbering
				operation suspension order from the director.
4.2.e. Failure to keep first aid
				certification current.
4.2.f.
				Interfering with the director's or chief's access to the operation for
				inspection purposes during reasonable working hours or for
				emergencies.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-03 - Sediment Control During Commercial Timber-Harvesting Operations - Logger Certification › Section 22-3-5 - Logger Certification Revocation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An individual's certified logger
				certification may be revoked for any of the following reasons. Recertification
				shall be contingent upon again successfully completing the general
				certification procedures, but in no event shall a recertification be issued
				prior to 1 year after the revocation.
5.1.a.
				Providing false data on the application for certification.
5.1.b. Being found in violation of either the
				logging sediment control act or the water pollution control act for a third
				time within any two-year period. Violations to be considered as causes for
				certification revocation shall include, but aren't necessarily limited to, the
				listing set forth in section 4.2.a through 4.2.f of this regulation.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-03 - Sediment Control During Commercial Timber-Harvesting Operations - Logger Certification › Section 22-3-6 - Reciprocity with Other States

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Reciprocity with other states with similar certification programs shall be on
				the basis of a written agreement signed by the director and the appropriate
				official of the other state.
6.2.
				The director may enter into reciprocal agreements with agencies or
				organizations responsible for logger training and education in another state.
Provided,
before signing a reciprocal agreement with another
				state, the director shall first determine that the program or aspect of the
				program under consideration is at least equal to that of the West Virginia
				logger certification program.
6.3.
				Standard first aid cards; i.e., Red Cross, Emergency Medical Technician, etc.,
				showing competency in a course of first aid at least equal to that prescribed
				by the director, shall be acceptable as proof of competency for that part of
				the training.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-03 - Sediment Control During Commercial Timber-Harvesting Operations - Logger Certification › Section 22-3-7 - Right of Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any person
				aggrieved or having an interest adversely affected_by a decision of the
				director relative to his or her certification as a certified logger shall have
				the right to appeal the order pursuant to the provisions of W. Va. Code
				§19-1B-1010, W. Va. Code §
									19-1B-11, W. Va. Code §
									51-11-1
et seq.
or W. Va. Code §
									29A-5-4, as applicable.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-03 - Sediment Control During Commercial Timber-Harvesting Operations - Logger Certification › Section 22-3-8 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any individual
				exempt from licensing is also exempt from certification.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-04 - Rules On Freedom Of Information Act Requests › Section 22-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.This
				rule sets forth the procedures for filing requests with the Division of
				Forestry for the inspection and copying of Division records under W. Va. Code
				§
									29B-1-1 et
				seq., as amended (commonly known as the Freedom of Information Act or Act).
The Division of Forestry's policy is to provide public access
				  to Division records, when access is allowed by law, and to minimize costs and
				  time delays to those requesting such information.
1.2. Authority. W. Va. Code §§
									29A-3-3,
				29B-1-3(5)
				and
				19-1A-1 et
				seq.
1.3. Filing Date. April 1,
				2004.
1.4. Effective Date. June 1,
				2004.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-04 - Rules On Freedom Of Information Act Requests › Section 22-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the Freedom of Information Act, W. Va. Code §
									29B-1-1 et
				seq.
2.2. "Division" means the West
				Virginia Division of Forestry.
2.3.
				"Public Record" includes any writing containing information relating to the
				conduct of the public's business, prepared, owned and retained by a public
				body.
2.4. "Writing" includes any
				books, papers, maps, photographs, cards, tapes, recordings or other documentary
				materials regardless of physical form or characteristics.
2.5. "Request" means a written request made
				in accordance with these rules of procedure to inspect or obtain a copy of one
				or more Division records.
2.6.
				"Requester" includes any person, corporation, partnership, firm or
				association.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-04 - Rules On Freedom Of Information Act Requests › Section 22-4-3 - Policy on Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				All Division records shall be available to the public unless they are made
				exempt by the disclosure requirements of the Act.
3.2. All nonexempt records shall be available
				to the public upon request regardless of whether any justification or need has
				been shown by the requester and regardless of whether the request cites the
				Act.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-04 - Rules On Freedom Of Information Act Requests › Section 22-4-4 - Form of Requests

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A
				request shall be made in writing and shall reasonably describe the record(s)
				sought so as to make their identification and location possible. A written
				request sent by facsimile machine is acceptable. Requests for information
				should be sent to the Division of Forestry's Public Information Office.
				Requests by email are not acceptable.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-04 - Rules On Freedom Of Information Act Requests › Section 22-4-5 - Requests That Do Not Reasonably Describe Records Sought

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If the description of a record sought is
				not sufficient to allow the Division to identify and locate the requested
				information, the requester will be notified within five working days that the
				request is insufficient for the Division to locate and provide the information.
				Upon request, the Division will assist the requester in identifying the records
				sought. Until such additional information is provided, the Division has no
				further obligation to fulfill the request.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-04 - Rules On Freedom Of Information Act Requests › Section 22-4-6 - Misdirected Requests

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Division cannot assure that a response to requests received in a manner
				inconsistent with this rule will be handled in a timely manner.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-04 - Rules On Freedom Of Information Act Requests › Section 22-4-7 - Responsibilities of the Division

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Division shall, upon receipt of a
				written request, mark the request with the date of receipt and begin to
				identify and locate the requested information or ask for a more specific
				request.
7.2. The Division shall
				respond in writing to the requester within five (5) working days of receipt of
				the request. The response shall be in one of the following forms:
7.2.a. Furnish copies of the requested
				material;
7.2.b. Advise the
				requester of the date, time and place where the information may be inspected
				and copied; or
7.2.c. Deny the
				request or inform the requester that the information does not exist.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-04 - Rules On Freedom Of Information Act Requests › Section 22-4-8 - Denial of Requests

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Denial of requests may be issued only in the following circumstances:
8.1.a. The information is not known to
				exist;
8.1.b. The information is
				not in the Division's possession;
8.1.c. The requested information is exempt
				from disclosure under the Act or another statute.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-04 - Rules On Freedom Of Information Act Requests › Section 22-4-9 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Act
				provides that the Division may exempt the following from disclosure:
9.1.a. Trade secrets, as used in this
				section, which may include, but are not limited to, any formula, plan, pattern,
				process, tool, mechanism, compounds, procedure, production data, or compilation
				of information that is not patented and is known only to certain individuals
				within a commercial concern who are using it to fabricate, produce or compound
				an article or trade or a service or to locate minerals or other substances,
				having commercial value, and that gives its users an opportunity to obtain
				business advantage over competitors; provided that in no case shall effluent
				data submitted pursuant to West Virginia Code, Chapter 19, Article 1A be
				considered exempt from disclosure;
9.1.b. Information of a personal nature, such
				as that kept in a personal, medical or similar file, if the public disclosure
				thereof would constitute an unreasonable invasion of privacy, unless the public
				interest by clear and convincing evidence requires disclosure in the particular
				instance: Provided, that nothing in this rule shall be construed as precluding
				an individual from inspecting or copying his or her own personal, personnel,
				medical or similar file;
9.1.c.
				Test questions, scoring keys and other examination data used to administer a
				licensing examination, examination for employment or academic
				examination;
9.1.d. Records of law
				enforcement agencies that deal with the detection and investigation of crime
				and the internal records and notations of such law enforcement agencies that
				are maintained for internal use in matters relating to law
				enforcement;
9.1.e. Information
				specifically exempted from disclosure by statute;
9.1.f. Records, archives, documents or
				manuscripts describing the location of undeveloped historic, prehistoric,
				archaeological, paleontological and battlefield sites or constituting gifts to
				any public body upon which the donor has attached restrictions on usage or the
				handling of which could irreparably damage such record, archive, document or
				manuscript;
9.1.g. Information
				contained in or related to examination, operating or condition reports prepared
				by, or on behalf of, or for the use of any agency responsible for the
				regulations or supervision of financial institutions, except those reports that
				are by law required to be published in newspapers; and
9.1.h. Internal memoranda or letters received
				or prepared by any public body.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-04 - Rules On Freedom Of Information Act Requests › Section 22-4-10 - Partial Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				If a requested record contains both exempt and nonexempt material, the
				nonexempt material shall be disclosed after the exempt material has been
				deleted or redacted.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-04 - Rules On Freedom Of Information Act Requests › Section 22-4-11 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Fees will be
				charged to the requester for searching for and reproducing requested records,
				in accordance with the following:
11.1.a.
				Copying costs shall be twenty-five cents ($0.25) per image.
11.1.b. The charge for copying materials that
				must be reproduced outside the Division's facilities shall be the actual cost
				to reproduce the record;
11.1.c.
				Mailing or delivery charges may be charged, at the actual cost, in connection
				with sending the requested information to a requester;
11.1.d. If the information requested exists
				as a computer record in the form of a printout, diskette, CD-ROM or tape, the
				fee will be the actual cost of the computer system time added to any applicable
				search, in-house programming, reproduction, or contract programming
				costs;
11.1.e. Diskette, CD-ROM,
				tape or other storage media will be provided at actual cost.
11.1.f. A fee of $15 will be charged per
				hour, or quarter fraction thereof, for the Division's time spent in locating
				and duplicating requested records.
11.1.g. An invoice for the total amount of
				fees will be sent to the requester. Payment shall be made by check or money
				order payable to the West Virginia Division of Forestry;
11.1.h. Total or partial pre-payments may be
				required if the Division determines that the cost to reproduce the information
				will exceed twenty-five dollars ($25);
11.1.i. Total or partial pre-payments may be
				required if the Division determines that unpaid fees on one (1) or more
				requests by the same requester exceeds twenty-five dollars ($25); and
11.1.j. Any requester who claims that he or
				she cannot afford to pay the fees established by this rule may file an
				affidavit with the Division stating the reason the requester cannot afford to
				pay. If the Division agrees, the Division shall process the request in
				accordance with this rule and as if the fees have been paid.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-05 - RULES ON PROCEDURE FOR THE WEST VIRGINIA FOREST LEGACY PROGRAM › Section 22-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the procedures for the West Virginia Forest Legacy Program as
				administered by the West Virginia Division of Forestry (WVDOF) as lead state
				agency, so designated by Governor and under authority of W. VA. Code §
									19-1A-1, 2
				& 4, under the West Virginia Forest Legacy Program.
1.2. Authority. -- W. Va. Code §
									19-1A-4(b)(3)
1.3. Filing Date. -- January 30,
				2017
1.4. Effective Date. --
				February 1, 2017
1.5. Repeal of
				Former Rule. -- This procedural rule repeals and replaces WV 22CSR5 "Rules on
				procedure for applying for Conservation Easement Status and Funding under the
				W. Va. Forest Legacy Program" filed December 3, 2004 and effective January 4,
				2005.
1.6. Background. -- Section
				1217 of Title XII of the 1990 Farm Bill (
				P.L.
				101-624 stats. 3359;
				16 USC
				2103c ) amended the Cooperative Forestry
				Assistance Act of 1978 (
				15 U.S.C
				2101 ) to allow the establishment of a Forest
				Legacy Program to protect important forest areas believed to be threatened to
				conversion to non-forest uses. The authority continues indefinitely. The 1996
				Farm Bill ( P.L.
				104-127; Title III - Conservation Subtitle G -
				Forestry; Section. 374, Optional State Grants for Forest Legacy Program)
				authorized grants to states for a Forest Legacy Program. The West Virginia
				Division of Forestry, as lead agency for forestry in the State, administers the
				West Virginia Forest Legacy Program (FLP).
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-05 - RULES ON PROCEDURE FOR THE WEST VIRGINIA FOREST LEGACY PROGRAM › Section 22-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Approved
				Forest Stewardship Plan" is a written document that is no more than 10 years
				old, prepared by a West Virginia Registered Professional Forester who is also a
				West Virginia Division of Forestry certified Stewardship plan writer. The
				Forest Stewardship Plan and any subsequent revisions will be in accordance with
				the current revision of the West Virginia Forest Stewardship Operating Plan of
				the West Virginia Division of Forestry and the Conservation Easement terms. The
				Forest Stewardship Plan and any subsequent revisions shall be approved by the
				State Forester, and maintained on file at the headquarters office of the West
				Virginia Division of Forestry.
2.2.
				"Assessment of Need (AON)" is the formal assessment developed by the West
				Virginia Division of Forestry (WVDOF) to document:
(1) the need for the Forest Legacy Program in
				West Virginia;
(2) to identify and
				delineate the boundaries of forest areas meeting the overall eligibility
				requirements for designation as Forest Legacy Areas;
(3) to recommend those areas to the US Forest
				Service/US Secretary of Agriculture for inclusion in the Forest Legacy Program;
(4) to provide instruction to the
				US Forest Service and WVDOF on how to protect properties; and
(5) is hereby incorporated by reference. The
				original June 30, 2003 AON was approved by US Department of Agriculture (USDA)
				and distributed by WVDOF on December 2, 2003.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-05 - RULES ON PROCEDURE FOR THE WEST VIRGINIA FOREST LEGACY PROGRAM › Section 22-5-3 - Submission of Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				All applications for a proposed sale in fee or of a conservation easement,
				shall be submitted to the State Forester at the address given on the
				forms.
3.2. The landowner shall
				submit only one application per property.
3.3. To allow time to meet the US Forest
				Service application deadline during the current calendar year, applications
				shall be received by WVDOF, at the address listed on the form, by February 1.
				If an application is received by WVDOF after February 1, it shall be considered
				for the federal application deadline during the next calendar year. After
				applications have been submitted to WVDOF, applicants do not have to re-submit
				new applications year after year.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-05 - RULES ON PROCEDURE FOR THE WEST VIRGINIA FOREST LEGACY PROGRAM › Section 22-5-4 - Application Evaluation

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				The FLP Forester shall provide applications to the FLP Subcommittee who will
				perform an initial screening of the applications. The subcommittee shall score
				the applications to perform the initial screening. The purpose of the initial
				screening is to determine the applications that due diligence will be conducted
				on and to provide a number of applications that can be efficiently ranked
				and/or visited on site. The preliminary screening will prioritize the
				applications that due diligence is to be conducted on. The FLP Subcommittee's
				preliminary screening will be submitted to the FSCC for
				approval/disapproval.
4.2. Once the
				initial screening has been approved by the FSCC, due diligence is to be
				conducted on the applications. Due diligence is to be conducted to identify
				potential problems with the applications. Due diligence, shall at a minimum,
				include: preliminary courthouse work, review of deed calls and boundaries,
				review of access, review of mineral rights issues, inspection of the property
				for open dumps, and review of any documentation in the possession of the
				landowner.
4.3. If a potential
				problem is found, the landowner shall be notified of the potential problem, in
				writing with a description of the curative work that will be necessary before
				the application can receive further consideration, along with the necessary
				deadlines.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-05 - RULES ON PROCEDURE FOR THE WEST VIRGINIA FOREST LEGACY PROGRAM › Section 22-5-5 - Application Ranking

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Applications found to be free of potential problems and applications for which
				curative work has been completed shall be submitted to the Forest Legacy
				Subcommittee to be prioritized and organized into proposed FLP projects. The
				resulting proposed FLP projects shall be submitted to the FSCC for approval /
				disapproval.
5.2. Projects shall be
				evaluated based on criteria identified in the AON or subsequent amendments,
				whichever is most current.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-05 - RULES ON PROCEDURE FOR THE WEST VIRGINIA FOREST LEGACY PROGRAM › Section 22-5-6 - Easement Acquisition

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				The DOF shall negotiate all FLP WFCE's using its template that has been
				approved by the USFS and approved as to form by the Attorney General. The
				approved WFCE template is maintained by WVDOF and is included in the WVDOF
				Forest Legacy Procedures Manual.
6.2. The DOF may contract for any and all
				property surveys necessary for closing on Conservation Easements.
6.3. The Attorney General shall certify the
				title and provide a letter of title assurance to the DOF before closing on
				Conservation Easements.
6.4. If
				there is more than one property owner , WVDOF reserves the right but not the
				obligation to require one owner to obtain power of attorney to negotiate and
				sign documents on behalf of all other owner(s).
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-05 - RULES ON PROCEDURE FOR THE WEST VIRGINIA FOREST LEGACY PROGRAM › Section 22-5-7 - Baseline Documentation

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All Baseline Documentation Reports (BDR)
				shall be Prepared by a WVDOF Registered Professional Forester in compliance
				with Title 26 CFR
				§1.170 A-
				14(g)(5)(i). This
				document shall be prepared, updated and kept on file by WVDOF.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-05 - RULES ON PROCEDURE FOR THE WEST VIRGINIA FOREST LEGACY PROGRAM › Section 22-5-8 - Federal Forest Legacy Program Funded Appraisals and Appraisal Reviews

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The appraisal
				shall be conducted after the WVDOF has negotiated the WFCE with the landowner
				and after the WFCE has been approved by the USFS and Attorney
				General.
8.2. The appraisal must be
				prepared in conformance with the Uniform Appraisal Standards for Federal Land
				Acquisitions ("Yellow Book / UASFLA") and the Uniform Standards for
				Professional Appraisal Practice of the Appraisal Foundation (USPAP). The UASFLA
				requirements supersede USPAP, and will require the citing of jurisdictional
				exception under USPAP.
8.3. The
				appraisal review shall be a technical review under USPAP SR-3. The reviewer is
				required to prepare a written, narrative review report, without an independent
				opinion of value, which evaluates the appraisal's compliance with UASFLA, USPAP
				and Task Assignment instructions.
8.4. The FLP Forester and USFS shall jointly
				prepare task assignments for all federal Forest Legacy Program funded
				appraisals and appraisal reviews. The appraiser and review appraiser shall be
				provided with the task assignments with appropriate maps, and backup
				documentation prior to the start of the appraisal.
8.5. A pre-work meeting of the FLP Forester,
				appraiser and review appraiser is required before the start of the
				appraisal.
8.6. In accordance with
				USFS requirements, WVDOF may not pay grantors more than 75% of the appraised
				value of the conservation easement or property with federal Forest Legacy
				Program Funds.
8.7. For
				conservation easements where federal Forest Legacy Program funds are not
				involved at all, appraisals and appraisal reviews shall be conducted in
				accordance with the requirements of the funding source, are not subject to
				§
									22-5-8.1,
				8.2, 8.3, 8.4, 8.5, and 8.6 of this rule, and USFS approvals are not required.
8.8 Regardless of the funding
				source, WVDOF may not pay more than the appraised value for any conservation
				easement or fee acquisition.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-05 - RULES ON PROCEDURE FOR THE WEST VIRGINIA FOREST LEGACY PROGRAM › Section 22-5-9 - Closings

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Attorney
				General shall handle all closings for the DOF. Further the Attorney General
				shall coordinate payment of any liens and establishment of subordination of
				deeds of trust prior to closing.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-05 - RULES ON PROCEDURE FOR THE WEST VIRGINIA FOREST LEGACY PROGRAM › Section 22-5-10 - Monitoring

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				objectives of DOF easement monitoring are:
1)
				to meet the US Forest Service FLP Guidelines which state that the Governmental
				entity holding the interest in land acquired under the FLP shall monitor and
				manage these interests in perpetuity; and
2) to build and maintain partnerships with
				landowners.
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-05 - RULES ON PROCEDURE FOR THE WEST VIRGINIA FOREST LEGACY PROGRAM › Section 22-5-11 - Record Keeping

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				DOF will maintain permanent records in accordance with the most recent revision
				of WVDOF Conservation Easement Stewardship Policy.
11.2. Documents that are to be retained
				include but are not limited to:
11.2.a.
				Application
11.2.b. Minerals
				Determination
11.2.c. USFS approval
				of easement
11.2.d. Recorded
				easement with survey plats
11.2.e.
				Recorded subordination deeds of trust
11.2.f. Appraisal task assignment
11.2.g. Appraisal
11.2.h. Appraisal review
11.2.i. Appraiser qualifications
11.2.j. Review appraiser
				qualifications
11.2.k. Survey task
				assignment
11.2.l. Surveyor
				qualifications
11.2.m. Baseline
				report
11.2.n. Stewardship Plan and
				Stewardship Amendments
11.2.o.
				Title report with copies of recorded documents
11.2.p. Title assurance letter
11.2.q. Amicable agreement/offer
				letter
11.2.r. Payment
				information
11.2.s.
				Correspondence
11.2.t. Monitoring
				reports
11.2.u. Easement
				amendments
11.2.v. Grant
				agreement
11.2.w. Written approvals
				/ disapprovals
West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-05 - RULES ON PROCEDURE FOR THE WEST VIRGINIA FOREST LEGACY PROGRAM › Section 22-5-12 - Approvals

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The FLP
				Forester shall review Stewardship Plans, Stewardship Plan Revisions, and other
				requests for approval from landowners and provide recommendations to the State
				Forester, who will approve or disapprove the request in writing. On other than
				routine requests, the FLP Forester, if necessary, shall consult with the USFS,
				Attorney General and/or Stewardship Committee before providing a recommendation
				to the State Forester.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-01 - Examination and Licensing of Professional Surveyors in West Virginia › Section 23-1-1 - General Information and Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule is promulgated by
				the Board of Professional Surveyors, hereinafter referred to as the Board or
				WVBPS, to govern licensing of Professional Surveyors in West Virginia
				(WV).
1.2. Authority. -- W. Va.
				Code §
									30-13A-6.
1.3. Filing Date. -- April 30, 2024
1.4. Effective Date. - April 30,
				2024
1.5. Sunset Provision - This
				rule shall terminate and have no further force or effect on August 1,
				2034.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-01 - Examination and Licensing of Professional Surveyors in West Virginia › Section 23-1-3 - Application and Qualification for Licensure or Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Applications Generally.
3.1.a. Each application shall be accompanied
				by an application fee and examination fee determined by the Board as set forth
				in 23CSR4 et seq.
3.1.b. Any
				applicant is required to notify the Board within thirty (30) days of any change
				in name, address, employment, or other relevant information.
3.1.c. In support of an applicant's
				experience verification, the Board may require designated records and
				documentation of surveys made by the applicant.
3.1.d. The Board deems that statements
				provided as references for an applicant, personal data, and other such
				information are personal in nature and public disclosure of those statements
				would constitute an unreasonable invasion of privacy and, therefore, shall be
				exempt from disclosure under W. Va. Code §
										29B-1-4 et seq.
3.1.e. The application and associated
				documents shall be kept as a permanent record, except for any survey documents
				submitted with the application that justify the applicant's experience which
				shall be kept for a maximum of six (6) years.
3.1.f. An applicant may request
				reconsideration of an application which has been denied when the request is
				based upon additional information or evidence which could affect the original
				decision. A request for reconsideration or hearing must be made within fifteen
				(15) days after the applicant receives notice of the denial of application for
				licensure.
3.1.g. The Board has the
				discretion to make exceptions for any applicant who is serving on active duty
				in the Armed Forces of the United States or who is experiencing physical
				disability, illness, or other extenuating circumstances.
3.1.h. Low-Income individuals, as defined in
				this rule, may seek a waiver of the initial application fee for licensure and
				must request in a format prescribed by the board.
3.1.i. Military families, as defined in this
				rule, may seek a waiver of the initial application fee for licensure and must
				request in a format prescribed by the board.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-01 - Examination and Licensing of Professional Surveyors in West Virginia › Section 23-1-4 - Examination for Licensure or Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Examinations Generally.
4.1.a. The Board will administer at least one
				(1) WV examination per year at a time and place as determined by the
				Board.
4.1.b. The scope of the
				examination and methods of procedure for the FS and PS examinations are
				determined by the NCEES.
4.1.c. The
				scope of the examination and methods of procedure for the WV examination or any
				other licensing or endorsement examination will be determined by the
				Board.
4.1.d. An applicant who
				fails to pass any parts of the examination fewer than ten (10) times may
				reapply at any time to take the failed parts and shall furnish additional
				information as requested by the Board.
4.1.e. An applicant who fails to pass any
				parts of the examination for ten (10) attempts is precluded from taking any
				part of the examination for two (2) full years and may be required to obtain
				additional educational requirements as determined by the Board. After the
				passage of the mandatory two-year period and the completion of any additional
				educational requirements, the applicant shall file a new application, and pay
				any application fees required by the Board before taking the examination
				again.
4.1.f. An applicant who
				fails to attend an examination for which they have been scheduled will forfeit
				the fee paid for the examination, except, with a request to and approval by the
				Board, the fee may be applied to the next test administration in the case of
				illness, death in the family, or other unavoidable causes for absence. Failure
				of an applicant to attend an examination for which they have been scheduled
				does not count as a failure of the examination.
4.1.g. An applicant who does not pass the
				examination for which they have applied within ten (10) years from the date of
				application shall be required to submit a new application with updated
				references, education, and experience information previously submitted to the
				Board as needed, and pay any application fees required by the Board before
				continuing to take the examination.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-01 - Examination and Licensing of Professional Surveyors in West Virginia › Section 23-1-5 - Survey Certificates and License

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Certificates and Licenses Generally.
5.1.a. When a certificate or license is lost,
				stolen, destroyed or mutilated, the Board may issue a duplicate certificate or
				license upon written request by a licensee in good standing and a payment of a
				fee as set forth in 23CSR4 et seq.
5.1.b. A licensee or certificate holder is
				required to notify the Board within thirty (30) days of any change in name,
				address, employment, or other relevant information.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-01 - Examination and Licensing of Professional Surveyors in West Virginia › Section 23-1-6 - Endorsements and Specialized Fields of Practice

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Experience and Documentation
				Requirements.
6.1.a. The Board may require an
				application and examination fee to cover costs incurred for review,
				verification and examination of a licensee's qualifications and experience to
				practice in a specialized field.
6.1.b. The Board may require an applicant or
				licensee to submit designated records and documentation of surveys to support a
				claim to experience in a specialized field of surveying and mapping.
6.1.c. The Board may also require an
				examination on procedures and knowledge on specialized fields of surveying and
				mapping.
West Virginia Code of State Rules › Agency 23 - Professional Surveyors › Title 23 - LEGISLATIVE RULE BOARD OF PROFESSIONAL SURVEYORS › Series 23-02 - Mandatory Continuing Education For Land Surveyors › Section 23-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule specifies continuing education requirements that are prerequisite to
				license renewal for land surveyors.
1.2. Authority. -- W. Va. Code §§
									30-1-7a and
				30-13A-4.
1.3. Filing Date. -- May 7, 2004.
1.4. Effective Date. -- July 1,
				2004.