reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-33 - Public use Of Swimming Areas In WV State Parks, Forests, And Wildlife Management Areas Under The Div › Section 58-33-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs the public use of swimming areas in West Virginia
				state parks, state forests, and recreation areas in state wildlife management
				areas under the jurisdiction and management of the Division of Natural
				Resources. This rule shall not be construed to include the state forests or
				state wildlife management areas, or any areas or facilities in the state
				forests or state wildlife management areas, under the jurisdiction and
				management of the Department of Agriculture or other sections of the Division
				of Natural Resources, respectively. This rule is necessary to provide for
				public health, safety and welfare; to protect state property; and to assure
				state recreational area guests of a safe, beneficial and enjoyable
				experience.
1.2. Authority. -- W.
				Va. Code '20-5-2.
1.3. Filing Date. -- May 16, 1996.
1.4. Effective Date. -- July 1,
				1996.
1.5. This rule repeals and
				replaces Division of Natural Resources' Rule Governing Public Use of West
				Virginia State Parks, State Forests, and State Wildlife Management Areas, 58
				CSR 5.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-33 - Public use Of Swimming Areas In WV State Parks, Forests, And Wildlife Management Areas Under The Div › Section 58-33-3 - Enforcement of Rules Governing Public Use of Swimming Areas in State Parks, State Forests, and Recreation Areas in State Wildlife Management Areas under the Division of Natural Resources and Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Responsibility for enforcing the rules.
It is the duty and responsibility of Conservation Officers,
				  Special Conservation Officers, and the superintendents, assistant
				  superintendents and managers of state parks, state forests, and state wildlife
				  management areas to enforce all of the provisions of this rule.
3.2. Violation of rules and
				penalties.
Any person violating any of the provisions of this rule is
				  guilty of a misdemeanor, and, upon conviction thereof, shall be punished in
				  accordance with W. Va. Code '20-7-9.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-34 - Special Projects And Grants For West Virginia State Parks, State Forests, And State Rail Trails under The Division Of Natural Resources › Section 58-34-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs special projects and grants for West Virginia state
				parks, state forests and state rail trails under the jurisdiction and
				management of the Division of Natural Resources, Parks and Recreation Section.
				This rule does not include state forests or state wildlife management areas, or
				any areas or facilities in state forests or state wildlife management areas
				under the jurisdiction and management of the Wildlife Resources section of the
				Division of Natural Resources. This rule is necessary to provide for public
				health, safety and welfare, the protection of state property, and to assure
				state recreational area guests a safe, beneficial and enjoyable
				experience.
1.2. Authority. -- W.
				Va. Code §
									20-1A-7
				and §
									20-5-2.
1.3. Filing Date. -- March 27,
				2020.
1.4. Effective Date -- March
				28, 2020.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on March 28,
				2025.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-34 - Special Projects And Grants For West Virginia State Parks, State Forests, And State Rail Trails under The Division Of Natural Resources › Section 58-34-2 - General Rules Governing Special Projects and Grants for State Parks, State Forests, and State Rail Trails under the Division of Natural Resources

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. State park,
				state forest, state rail trail or other public land area foundations may apply
				to the Chief of Parks and Recreation and be awarded 50% matching grants of up
				to $25,000 per project as part of an "adopt a state park, state forest, or rail
				trail program" for maintenance and improvement projects approved by the Chief
				of Parks and Recreation. To qualify, a chartered foundation shall formally
				adopt the area for which it was created and for which it is working. A
				foundation may adopt a state park, state forest, or rail trail with the
				approval of the Director of the Division of Natural Resources.
2.2. With prior authorization of the Director
				of the Division of Natural Resources any individual or group may have free use
				of a picnic shelter for one day during each calendar year or have free use of a
				cabin for one week during each calendar year in exchange for donation of
				materials and labor for the construction of the cabin or picnic shelter. The
				design and construction of the cabin or picnic shelter must be in accordance
				with Division standards and specifications. A group is defined as a family or a
				business, corporation or non-profit organization whose by-laws are registered
				with the Secretary of State. The group shall designate a contact person who is
				responsible for securing the picnic shelter or cabin reservation each year. The
				non-transferrable fee waiver expires when the amount of the donation equals the
				loss of revenue from the fee waiver or until the individual dies or the group
				ceases to exist. The Director shall determine the donation value by the cost of
				materials and labor donated and shall divide that value by the standard rental
				fee charged at the time construction is completed to determine the expiration
				date of the fee waiver with the Director being the sole judge of the value of
				donated labor. Construction of cabins is restricted to state parks or state
				forests which already have cabins. Individuals or groups who are eligible for
				this fee waiver may make reservations for the use of a picnic shelter or cabin
				one week in advance of established reservation policies.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-35 - Rules And Conditions Upon Which Oil And Gas Operators May Access State Forests › Section 58-35-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs the access to all state forests by operators seeking
				to drill for and produce oil and gas. This rule recognizes that the rights of
				the State as surface owner when the minerals are owned by others are governed
				by the terms of the severance deeds or leases, and by the "fairly necessary"
				common law doctrine as tempered by the "contemplation of the parties" doctrine.
				However, this rule recognizes that state forests are unique publicly owned
				lands that 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, therefore, should be managed on a multiple-use
				basis.
1.2. Authority. -- W. Va.
				Code §§
									20-1-7(30)
				and
				20-5-22.
1.3. Filing Date. -- April 3, 2008.
1.4. Effective Date. -- May 1,
				2008.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-35 - Rules And Conditions Upon Which Oil And Gas Operators May Access State Forests › Section 58-35-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
For the purposes of this part the following terms,
				  respectively, shall mean:
2.1.
				Director. The Director of the Division of Natural Resources, or his or her
				designee;
2.2. Manual. The West
				Virginia Erosion and Sediment Control Field Manual of the West Virginia Office
				of Oil and Gas, Department of Environmental Protection, as authorized by W. Va.
				Code §
									22-6-6(d).
2.3. Operations. All functions, work, and
				activities in connection with drilling, exploration, development, or processing
				of oil or gas resources and all uses reasonably incident thereto, including
				roads and other means of access on lands subject to the rules in this
				series.
2.4. Operator. A person
				conducting or proposing to conduct operations.
2.5. Person. Any individual, partnership,
				corporation, association, or other legal entity.
2.6. Plan. The erosion and sediment control
				plan submitted with an operator's permit application to the West Virginia
				Office of Oil and Gas, West Virginia Department of Environmental Protection, as
				part of the permitting process.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-35 - Rules And Conditions Upon Which Oil And Gas Operators May Access State Forests › Section 58-35-3 - Publication Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				publication required by W. Va. Code §
									20-5-22(a)
				to appear in a qualified newspaper at least sixty (60) days prior to submitting
				an application for a well work permit shall include:
3.1.a. The name of the state
				forest;
3.1.b. The county where the
				proposed drilling or other work will take place;
3.1.c. The name and address of the operator;
				and
3.1.d. The name and address of
				the mineral owner.
3.1.e. If the
				mineral owner is not the State:
3.1.e.1. The
				book and page where the most recent deed conveying or reserving the mineral
				interest lease is recorded;
3.1.e.2. The book and page where the lease
				granting the right to do the well work is recorded; or
3.1.e.3. The book and page where the latest
				transfer of the lease is recorded, if any.
3.1.f. The target formation name and
				depth;
3.1.g. The proposed possible
				well locations shown by G.P.S. coordinates in compliance with requirements of
				the Office of Oil and Gas G.P.S. locations, on a topographic map, and described
				in relation to particular topographical features and distances from existing
				wells;
3.1.h. The proposed possible
				use of existing roads for access to the proposed possible well sites;
				and
3.1.i.. The locations of
				proposed possible new access roads shown on a topographical map.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-35 - Rules And Conditions Upon Which Oil And Gas Operators May Access State Forests › Section 58-35-4 - Notice of New Road Construction

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The written notice of new oil and gas
				road construction required by § 20-5-22(b) to be provided to the Director,
				the Division of Forestry, and the state forest superintendent forty-five (45)
				days before the application for the well work permit is filed shall include:
4.1.a. A topographical map showing the
				proposed road location;
4.1.b. The
				proposed soil erosion and sediment control plan for the road required by the
				Office of Oil and Gas.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-35 - Rules And Conditions Upon Which Oil And Gas Operators May Access State Forests › Section 58-35-5 - Notice of Maintenance

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				notice of maintenance of access roads required by § 20-5-22(c) to be
				provided to the Director, the Director of the Division of Forestry, and the
				state forest superintendent shall include:
5.1.a. The maintenance to be done;
5.1.b. The equipment to be used;
5.1.c. The name of the entity or individual
				doing the maintenance;
5.1.d. The
				address and telephone number of the entity or individual to be doing the
				maintenance;
5.1.e. The plan or the
				instructions given to the persons operating the machinery and supervising the
				operation of the machinery;
5.1.f.
				The date the maintenance will begin. If that date changes, the Director shall
				be contacted regarding the date of the rescheduled maintenance; and
5.1.g. The number of hours or days the
				expected maintenance will take place.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-35 - Rules And Conditions Upon Which Oil And Gas Operators May Access State Forests › Section 58-35-6 - Planning and Waivers

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The permit
				application, including the erosion and sediment control plan, submitted to the
				West Virginia Office of Oil and Gas, West Virginia Department of Environmental
				Protection, as part of the permitting process conducted by the operator shall
				comply with the provisions of this rule, and shall form the basic plan from
				which the provisions of this rule shall be implemented.
6.2. The Director may request a meeting for
				the purpose of discussing the plan and any modifications to the plan, which
				shall be in writing, as permitted by these rules, and the following shall be
				considered:
6.2.a. In addition to the
				features to identify in Manual, Section 1.A.5, the Director shall identify the
				following and request any appropriate modifications that have not already been
				made in order to avoid damage to state forest resources or interference with
				state forest uses:
6.2.a.1. Trails;
6.2.a.2. Archeological sites;
6.2.a.3. Picnic and other developed
				facilities;
6.2.a.4. Overlooks and
				their viewsheds;
6.2.a.5. Agencies,
				schools, and research organizations that use the state forest and their current
				and proposed usages of the forest for research and education that are known to
				the state forest superintendent;
6.2.a.6. Any reference streams designated or
				used by other agencies; and
6.2.a.7. The Director may require a well
				drilling location or new road construction to be moved if the same adversely
				impacts recreation use, natural resources, or other values.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-35 - Rules And Conditions Upon Which Oil And Gas Operators May Access State Forests › Section 58-35-7 - Inspections and penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				The Division of Natural Resources shall periodically inspect operations to
				determine if the operator is complying with these rules and an approved plan of
				operations.
7.2. Violations of this
				rule shall result in penalties and fines being assessed pursuant to W.Va. Code
				§
									20-7-9.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-35 - Rules And Conditions Upon Which Oil And Gas Operators May Access State Forests › Section 58-35-8 - Requirements for environmental protection

Current through Register Vol. XLI, No. 28, July 12, 2024
All operations shall be conducted so as, where feasible, to
				  minimize adverse environmental impacts on the State Forest surface resources,
				  including the following requirements:
8.1. Roads. Road construction shall conform
				to the guidelines contained in Appendix A to this rule.
8.2. Reclamation. Reclamation shall conform
				to the guidelines contained in Appendix B to this rule.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-35 - Rules And Conditions Upon Which Oil And Gas Operators May Access State Forests › Section 58-35-9 - Maintenance

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Existing and
				new access roads and well sites are to be maintained throughout the life of the
				well. Culverts, road ditches, broad-based dips, and diversion ditches must be
				maintained in proper working order. Whenever the soil is disturbed on any well
				road by well-related activity, it will be revegetated and otherwise reclaimed
				according to the Manual and this rule.
9.2. Maintenance shall conform to the
				guidelines contained in Appendix C to this rule.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-35 - Rules And Conditions Upon Which Oil And Gas Operators May Access State Forests › Section 58-35-10 - Suspension of operations as a result of inclement weather

Current through Register Vol. XLI, No. 28, July 12, 2024
The Director may require that operations other than actual
				  drilling be suspended during periods of inclement weather.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-35 - Rules And Conditions Upon Which Oil And Gas Operators May Access State Forests › Section 58-35-11 - Access

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Gates that
				are locked and closed to the public shall remain locked at all times.
11.2. The operator shall reimburse the State
				for any losses or expenses due to failure to keep a gate locked, including
				without limitation:
11.2.a. Any state
				property lost or damaged;
11.2.b.
				Damage done to land, flora, and fauna as a result of an unlocked gate;
				and
11.2.c. Locksmith and metal
				working for the repair or replacement of locks, keys, and metal working of
				gates.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-35 - Rules And Conditions Upon Which Oil And Gas Operators May Access State Forests › Appendix C

Current through Register Vol. XLI, No. 28, July 12, 2024
Maintenance Guidelines.
1. The seed mixtures in the previous section on revegetation
				  must be used rather than those described in Manual, Section V.B.2.
2. Where ruts develop in the road for any reason, blading the
				  road level to fill in the ruts is not acceptable maintenance practice,
				  particularly when vegetation is scraped unless waived by the Director. Water
				  bars and cross drains need to be maintained, and if previous structures are
				  insufficient, new control features, rock, or fiber mats are to be added.
3. Where road slope is such that vegetation cannot be
				  maintained or ruts persist, rock, and if necessary, fiber matting must be
				  used.
4. Where broad-based dips, water bars, and culverts prove to
				  be insufficiently spaced, new structures must be added. Until a culvert can be
				  installed, hardened cross drains may be used temporarily.
5. Where locations in the road do not dry up after rains, the
				  road must be maintained by adding rock and/or fiber matting.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-36 - Cabwaylingo State Forest Trail System Two Year Pilot Project Permitting ATVs and ORVs › Section 58-36-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- The purpose of this rule is to provide for the regulation of the
				two-year pilot project permitting all-terrain or off-highway recreational
				vehicles on designated roads and trails in Cabwaylingo State Forest.
1.2. Authority. -- W.Va. Code §§
									20-3-3a(e),
				20-7-9.
1.3. Filing Date. -- April 19,
				2024.
1.4. Effective Date. -- April
				19, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2028.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-36 - Cabwaylingo State Forest Trail System Two Year Pilot Project Permitting ATVs and ORVs › Section 58-36-3 - Incorporation of Duties Imposed on Participants and Authorized Outfitters and Licensees by W. Va. Code section 20-15-1 et seq., (ATV, UTV and Motorcycle Responsibility Act) and W. Va. Code section 20-4-1 et seq., (Equestrian Activities Responsibility Act)

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All
				persons using Cabwaylingo State Forest Trail System and all Trail System
				Operators shall comply with W. Va. Code §
									20-15-1,
et seq.,
(ATV, UTV and Motorcycle Responsibility Act), which is incorporated herein by
				reference.
3.2. All persons using
				Cabwaylingo State Forest Trail system and all Trail System Operators shall
				comply with W. Va. Code §
									20-4-1,
et seq.
(Equestrian Activities Responsibility Act), which is incorporated herein by
				reference.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-36 - Cabwaylingo State Forest Trail System Two Year Pilot Project Permitting ATVs and ORVs › Section 58-36-4 - General Rules Governing Public Use of Trails and Facilities of Cabwaylingo State Forest Trail System

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A person
				may not enter or remain upon the Cabwaylingo State Forest Trail System without
				authorization from the Trail System Operator.
4.2. Each person shall obey all traffic laws,
				traffic-control devices, and signs within the Cabwaylingo State Forest Trail
				System, including those which restrict trails to certain types of motor
				vehicles, motorcycles, those equipped with roll cages, bicycles, trail animals
				and pedestrian use.
4.3. Each
				person on any vehicle, bicycle, or trail animal shall at all times remain
				within and on a designated and marked trail while within the Cabwaylingo State
				Forest Trail System.
4.4. A person
				may not consume or possess any alcoholic liquor, nonintoxicating beer,
				nonintoxicating craft beer, wine, or controlled substances at any time or any
				location within the Cabwaylingo State Forest Trail System.
4.5. A person may not operate a vehicle or
				ride a trail animal on any multi-use trail within the Cabwaylingo State Forest
				Trail System at any time from one half-hour after sunset until one half-hour
				before sunrise, except in an emergency.
4.6. No person operating a vehicle or riding
				a trail animal shall do so in any manner that intentionally creates an erosive
				condition or intentionally injures, damages, or destroys trees or
				plants.
4.7. A person may not
				possess a glass container on any multi-use trail within the Cabwaylingo State
				Forest Trail System.
4.8. A person
				within the Cabwaylingo State Forest Trail System may not operate a vehicle or
				ride a trail animal in any competition or exhibition of speed acceleration,
				racing, test of physical endurance, or climbing ability unless in an event
				approved by a Trail System Operator and area superintendent.
4.9. All persons using Cabwaylingo State
				Forest Trail System shall comply with the provisions of 58 CSR 31, Public Use
				of West Virginia State Parks, State Forests, and State Wildlife Management
				Areas under the Division of Natural Resources, except where inconsistent with
				the provisions of this rule and except as to those provisions of 58 CSR 31
				which by their nature can have no application and may not act in violation of
				those provisions.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-36 - Cabwaylingo State Forest Trail System Two Year Pilot Project Permitting ATVs and ORVs › Section 58-36-5 - Drivers and passengers Using Cabwaylingo State Forest Trail System

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Every person
				operating a motor vehicle within the Cabwaylingo State Forest Trail System is
				subject to all the duties applicable to the driver of a motor vehicle by the
				provisions of W. Va. Code §
									17C-1-1
et seq.,
except where inconsistent with the provisions of this rule and except as to
				those provisions of W. Va. Code §
									17C-1-1
et seq.
which by their nature can have no application and may not operate a motor
				vehicle in violation of those duties.
5.2. A person may not operate or ride in a
				utility terrain vehicle, as defined in W. Va. Code §
									17F-1-1
et seq.
or any other motor vehicle with bench or bucket seating and a steering wheel
				for control unless equipped with seat belts meeting a minimum federal motor
				vehicle safety standard and properly worn by the driver and all
				passengers.
5.3. All persons
				operating or riding upon an ATV, UTV, or motorcycle as defined in W. Va. Code
				§
									20-15-1
et seq.
shall follow the manufacturer's recommendations for that vehicle relating to
				age and size limitations for operators and passengers.
5.4. Every person within the Cabwaylingo
				State Forest Trail System who is under 16 years of age shall at all times be
				under the immediate supervision of, and within sight of, a person who is at
				least 18 years of age and who either is a parent or guardian of the youth or
				has the express permission of a parent or guardian to supervise the youth. No
				parent, guardian, or supervising adult may allow a child under the age of
				sixteen years to leave that person's sight and supervision within the
				Cabwaylingo State Forest Trail System.
5.5. No child under the age of six may be
				allowed on any motor vehicle while being operated on any trail within
				Cabwaylingo State Forest Trail System.
5.6. No child under the age of eight years
				who is required to be placed in a child passenger safety device system meeting
				applicable federal motor vehicle safety standards pursuant to W. Va. Code
				§
									17C-15-46 while occupying a motor
				vehicle may be allowed on any trail within Cabwaylingo State Forest Trail
				System.
5.7. The operator and all
				passengers of a motor vehicle in Cabwaylingo State Forest Trail System shall
				wear size-appropriate protective helmets at all times. All operators and
				passengers shall wear helmets that meet the current performance specifications
				established by the American National Standards Institute standard, z 90.1, the
				United States Department of Transportation Federal Motor Vehicle Safety
				Standard no. 218 or Snell Memorial Foundation safety standards for protective
				headgear for vehicle users.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-36 - Cabwaylingo State Forest Trail System Two Year Pilot Project Permitting ATVs and ORVs › Section 58-36-6 - Enforcement of Rules Governing Public Use of Cabwaylingo State Forest

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. It is the duty
				and responsibility of Natural Resource Police Officers, Special Natural
				Resource Police Officers, and other authorized law enforcement officers to
				enforce these rules.
6.2. Criminal
				Violation of rules and penalties: A person who violates any provision of this
				rule is guilty of a misdemeanor and, upon conviction thereof, shall be punished
				in accordance with W. Va. Code §
									20-7-9.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-38 - Public Shooting Ranges › Section 58-38-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This legislative rule establishes regulations to govern use of
				public shooting ranges located on state wildlife management areas, state
				forests and on other private or governmental entities in which the Division
				holds a cooperative management agreement.
1.2. Authority. -- W. Va. Code §§
									20-1-7(31)
				and
				20-3-2.
1.3. Filing Date. - May 9, 2022.
1.4. Effective Date. - May 9, 2022.
1.5. This rule shall terminate and have no
				further force or effect on August 1, 2027.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-38 - Public Shooting Ranges › Section 58-38-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Division"
				means the West Virginia Division of Natural Resources.
2.2. "Firing Line" means the line directly in
				front of and parallel to the shooting benches from which gunfire is directed at
				targets.
2.3. "Public Shooting
				Range" means any range on a property owned or administered by the Division
				which is open to the general public for the practice of archery, air bow
				shooting, air gun shooting, firearm and muzzleloader shooting, trapshooting
				(skeet), or a combination of such sports.
2.4 "Target Shooting" means the discharge of
				a firearm, muzzleloader, bow, air bow, air gun or crossbow for purposes other
				than hunting, trapping, and self-defense.
2.5. "Weapon" for the purpose of this rule
				means a firearm, muzzleloader, bow, air bow, air gun or crossbow.
2.6. "Wildlife Management Area" or "WMA"
				means any public hunting area, public fishing area, or public hunting and
				fishing area administered by the Division.
2.7. All other terms have the meaning
				prescribed to them in W. Va. Code of State Rules, Title 58 Series 46 Defining
				the Terms Used In All Hunting and Trapping.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-38 - Public Shooting Ranges › Section 58-38-3 - General Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Property Damage. It is illegal to shoot, cut, damage, deface, or destroy any
				building, structure, rock, shrub, sign, tree, or other property on public
				shooting ranges.
3.2. Safety Zones.
				It is illegal to discharge a weapon within an established safety zone on WMAs,
				with the exception that users of a public shooting range are permitted to
				discharge a weapon as prescribed in section 4 of this rule.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-38 - Public Shooting Ranges › Section 58-38-4 - Public Shooting Ranges

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Hours of
				Operation. Hours of operation will be posted at the entrance to each public
				shooting range and no person may utilize the range except during the posted
				hours. The range may be temporarily closed at the discretion of the responsible
				District Wildlife Biologist or Wildlife Manager, or other authorized party at a
				private or local governmental entity in which there is a cooperative management
				agreement in place with the Division.
4.2. Range Safety. All range visitors using a
				public shooting range must observe all posted range safety rules.
4.2.1. All recreational activities (e.g.,
				hunting, trapping, fishing, etc.), except for permitted uses of the public
				shooting range, are prohibited within the boundaries of the posted and
				delineated safety zone of a public shooting range.
4.2.2. Target shooting on WMAs and state
				forests is prohibited except at a designated public shooting range.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-38 - Public Shooting Ranges › Section 58-38-5 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any person
				violating the provisions of this rule is guilty of a misdemeanor and, upon
				conviction thereof, shall be punished in accordance with W. Va. Code §
									20-7-9.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-41 - Wildlife Damage Control Agents › Section 58-41-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This legislative rule establishes standards to govern the
				licensing, training, and operations of wildlife damage control agents in West
				Virginia.
1.2. Authority. -- W. Va.
				Code §
									20-2-7
				and § 20-2-50 a.
1.3. Filing
				Date. -- May 11,2015
1.4. Effective
				Date. -- May 11, 2015
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-41 - Wildlife Damage Control Agents › Section 58-41-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Wildlife
				Damage Control Agent" or "Agent" means a person who is licensed by the Division
				of Natural Resources and who is authorized to take and dispose of wildlife
				found to be creating a nuisance in or around homes, businesses and other places
				where the presence of wildlife may be a nuisance.
2.2. Wildlife Damage Control means the act of
				taking, harassing, restraining, disposing or otherwise interfering with
				wildlife as listed in Subdivisions 7.1.g., 7.1.h., and 7.1.i. of this rule and
				as defined in W. Va. Code §
									20-1-2.
2.3. "Director" means the Director of the
				Division of Natural Resources.
2.4.
				"Division" means the Division of Natural Resources.
2.5. All other terms have the meaning
				prescribed in W. Va. Code §
									20-1-2.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-41 - Wildlife Damage Control Agents › Section 58-41-3 - Licensing

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A person
				seeking a wildlife damage control license shall complete a -written application
				on forms supplied by the Director and submit the completed application to the
				district headquarters of the Law Enforcement Section, Division of Natural
				Resources. All applications shall contain the following information:
3.1.a. The name of the applicant, and the
				applicant's address, telephone number, date of birth, social security number
				and state business tax number.
3.1.a.1. An
				applicant must be eighteen (18) years of age or older to be issued a wildlife
				damage control license and
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-41 - Wildlife Damage Control Agents › Section 58-41-4 - Annual Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Division
				shall charge an annual fee of fifty dollars ($50) for issuance of a wildlife
				damage control license to agents who charge a fee for their services.
4.1.a. A corporation, partnership, firm,
				business or other commercial entity, club, or organization having multiple
				agents shall pay the annual license fee plus a fee often dollars ($10) for each
				agent aimually.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-41 - Wildlife Damage Control Agents › Section 58-41-5 - Background Check

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Upon
				receipt of a completed application, the natural resource police officer in the
				district of the applicant's residence, shall determine if the applicant has,
				within the last five (5) years, been convicted of a violation of any federal or
				state statute or rule or regulation which is related to the activity for which
				the license is sought. If the natural resource police officer determines that a
				violation exists, the Division shall not issue a wildlife damage control
				license for a period of at least five (5) years after the violation.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-41 - Wildlife Damage Control Agents › Section 58-41-6 - Training

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Director
				may provide training requirements for wildlife damage control agents.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-41 - Wildlife Damage Control Agents › Section 58-41-8 - Disposition of Nuisance Wildlife

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The agent shall euthanize in a humane
				manner, or liberate at the site of capture, any nuisance wildlife which are
				captured alive. The agent shall not relocate and release any captured wildlife
				without the prior approval of the district wildlife biologist.
8.1.a. The sale, trade, barter or donation of
				any live or dead wildlife or parts of wildlife taken under this license is
				prohibited. In the event the trapping or hunting season for the particular
				species is open and the agent has the appropriate hunting and trapping license,
				the agent may retain the carcass or parts of the carcass up to the legal season
				limit. The agent shall dispose of carcasses which are not used in a manner
				consistent with state and local laws and regulations.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-41 - Wildlife Damage Control Agents › Section 58-41-9 - Records and Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The
				following records and reports are required:
9.1.a. An agent shall keep daily records on
				all investigated wildlife damage complaints. The records shall include the date
				of the investigations, the name of the complainant, the number and species of
				animals involved, the type of damage, the disposition of the complaint, and any
				other information required by the Director. Records of all wildlife taken shall
				be available for inspection by a natural resources police officer at any
				reasonable time.
9.1.b. The agent
				shall file an atmual report with the Law Enforcement Section, Division of
				Natural Resources, at the end of each calendar year. The report shall be on
				forms supplied by the Director and shall accompany the application for renewal
				of the animal damage control license. The Division shall not renew the animal
				damage control license until a satisfactory annual report is received. The
				report shall include any information required by the Director and shall be
				complete and legible.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-41 - Wildlife Damage Control Agents › Section 58-41-10 - Revocation and Suspension

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				The Director may revoke a wildlife damage control license at any time, for
				failure to comply with the conditions of the license. The Director may upon
				receiving one or more complaints in a year from persons seeking assistance
				regarding unsatisfactory or unethical performance by a licensed wildlife damage
				control agents suspend the agent's license for a period determined by the
				Director. A person whose license has been suspended may request a formal
				hearing within thirty (30) days before a review board to show cause why the
				license should not be suspended. The review board shall be composed of three
				(3) people - one appointed by the Director of the Division of Natural
				Resources, one appointed by the Chief of the Wildlife Resources Section, and
				one appointed by the Chief of the Law Enforcement Section. The decision of the
				review board is final.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-41 - Wildlife Damage Control Agents › Section 58-41-11 - Liabilities

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The Division
				of Natviral Resources is not liable for any action, lack of action, damage, or
				injuries caused or suffered by the wildlife control agent.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-42 - Wildlife Scientific Collecting Permit › Section 58-42-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This legislative rule establishes procedures and requirements for
				the application and issuance of scientific collecting permits.
1.2. Authority. -- W. Va. Code §§
									20-1-7(30)
				and 20-2-50.
1.3. Filing Date. --
				March 27, 2008.
1.4. Effective
				Date. -- March 27, 2008.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-42 - Wildlife Scientific Collecting Permit › Section 58-42-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Director"
				means the Director of the Division of Natural Resources.
2.2. "Division" means the West Virginia
				Division of Natural Resources.
2.3.
				All other terms have the meaning prescribed in W.Va. Code §
									20-1-2.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-42 - Wildlife Scientific Collecting Permit › Section 58-42-3 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An applicant
				for a wildlife scientific collecting permit shall submit an application to the
				Director or his or her designated representative on the forms prescribed by the
				Director.
3.2. The application form
				shall contain the following information:
3.2.1. The name, address and telephone number
				of the applicant;
3.2.2. The
				applicant's institutional affiliation, if any;
3.2.3. The applicant's profession;
3.2.4. The specific manner of collection,
				collection dates and collection locations;
3.2.5. The purpose for which specimens are to
				be collected;
3.2.6. The
				disposition of collected specimens; and
3.2.7. A listing of the species and numbers
				of species to be collected.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-42 - Wildlife Scientific Collecting Permit › Section 58-42-4 - Conditions of Issuance, Denial, and Revocation

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Director shall determine if an
				applicant possess the appropriate educational and professional experience to
				collect and handle wildlife designated on the permit.
4.2. The Director shall not issue permits for
				the purpose of killing deer or bear.
4.3. The Director may place restrictive
				provisions on the permit to minimize the unnecessary loss of the State's
				wildlife. These restrictions may include:
4.3.1. Limitations on species and/or the
				number to be taken;
4.3.2.
				Limitations on the manner and/or equipment used to take wildlife; and
4.3.3. Limitations on the locations and/or
				time of year of collections;
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-42 - Wildlife Scientific Collecting Permit › Section 58-42-5 - Permit Length

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Director shall determine the length of the permit, but may not issue a permit
				which extends beyond the end of the calendar year.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-42 - Wildlife Scientific Collecting Permit › Section 58-42-6 - Record Keeping and Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				The permittee shall submit a report on forms prescribed by the Director to the
				Wildlife Resources Section no later than forty-five (45) days after the
				termination date of the permit.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-42 - Wildlife Scientific Collecting Permit › Section 58-42-7 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any person who
				fails to obtain a scientific wildlife collecting permit or to comply with any
				of the provisions of the permit is subject to the penalties as prescribed in W.
				Va. Code §
									20-7-9.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-42 - Wildlife Scientific Collecting Permit › Section 58-42-8 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1 The annual fees
				for scientific collecting permits are as follows:
8.1.1. Consultants - $200.00;
8.1.2. Out-of-state academics or students -
				$25.00;
8.1.3. In-state academics
				or students - No fee;
8.1.4.
				Falconers - $25.00; and
8.1.5.
				State agencies (in- or out-of-state), federal government, non-profit groups -
				No fee
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-43 - Wildlife Scientific Collecting Permit (Technical cleanup changing # from 58-6 filed 8/1/95) › Section 58-43-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This legislative rule establishes regulations to govern public use
				of West Virginia wildlife management areas.
1.2. Authority. -- W. Va. Code ''20-1-7(30)
				and 20-3-2.
1.3. Filing Date. --
				May 8, 1995.
1.4. Effective Date.
				-- May 9, 1995.
1.5. Repeal of
				Former Rule. -- These rules repeal and replace 58 C.S.R. 6 "West Virginia
				Wildlife Management Areas" that were filed on June 24, 1993 and became
				effective June 24, 1993.