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 58-25 - Boating Rules › Section 58-25-3 - Required Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Personal Floatation Devices.
3.1.1. Any
				person operating, riding as a passenger, or being towed behind a personal
				watercraft shall wear a personal flotation device of an appropriate design and
				fit for the activity and person as defined and approved by the United States
				Coast Guard pursuant to
				33
				C.F.R §
											175.13 2014
et
				seq.
as authorized by
				46
				U.S.C. §
											4302.
3.1.2. The operator or owner of any vessel
				being used for recreational purposes, other than a vessel required to have a
				certificate of inspection issued by the United States Coast Guard, shall
				require any child age 12 and under who is aboard the vessel to wear a personal
				flotation device of an appropriate design and fit for the activity and person
				as defined and approved by the United States Coast Guard pursuant to
				33
				C.F.R §
											175.13 2014
et
				seq.
as authorized by
				46
				U.S.C. §
											4302 while the vessel is
				underway unless the child is below deck or in an enclosed cabin.
3.1.3. Vessels operating on the waters of
				this state are subject to the equipment requirements as contained in the
				federal navigation laws and rules promulgated by the United States Coast Guard
				pursuant to Boating Safety, 33 C.F.R Subchapter S
et
				seq
.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-25 - Boating Rules › Section 58-25-4 - Prohibited Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No
				person under the age of 15 may operate or be permitted to operate a motorboat
				or personal watercraft upon the waters of the State, except persons 12 to 15
				years of age may operate a motorboat or personal watercraft if a person over 18
				years of age is aboard the motorboat or personal watercraft. However, persons
				12 to 15 years of age may operate a motorboat up to a maximum of 10 horsepower
				without having an adult on board.
4.1.1. No
				person who owns a motorboat or personal watercraft or who has charge over or
				control of a motorboat or personal watercraft may authorize or knowingly permit
				a motorboat or personal watercraft to be operated in violation 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 58-25 - Boating Rules › Section 58-25-5 - Restricted Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No person
				may anchor a vessel in a position that obstructs a passageway ordinarily used
				by other vessels.
5.2. No person
				may anchor or tie a vessel to any type of navigation aid or buoy.
5.3. No person may operate a vessel within 20
				feet of a person engaged in fishing without first obtaining permission from
				that fisherman.
5.4. No person may
				operate a vessel within 20 feet of the exterior boundary of a water area which
				is clearly marked by buoys as a swimming area or other restricted area approved
				by the Director.
5.4.1. Swimming areas shall
				be marked with buoys pursuant to U.S.C. Aids to Navigation, 33 C.F.R Subchapter
				C Part 62
et seq.
as authorized by
				46
				U.S.C. §
											4302.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-25 - Boating Rules › Section 58-25-6 - Overloading and Overpowering

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. No person may load a vessel with
				passengers or cargo beyond its safe cargo carrying capacity.
6.1.1. The maximum persons capacity marked on
				a vessel's maximum capacities plate shall not be exceeded.
6.1.2. The maximum weight capacity marked on
				a vessel's maximum capacities plate shall not be exceeded.
6.1.3. If a vessel does not have a U.S. Coast
				Guard Maximum Capacities plate provided by the manufacturer, the owner must
				demonstrate that his or her vessel conforms to the safe loading requirements of
				Boats and Associated Equipment, 33 C.F.R. Subchapter S Part 183.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-25 - Boating Rules › Section 58-25-7 - Water Skis and Surfboards

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. No
				person may manipulate any water skis, surfboard, or similar device in a
				reckless or negligent manner so as to endanger the life, limb, or property of
				any person.
7.2. No person may
				manipulate any water skis, surfboard or similar device while under the
				influence any alcoholic liquor, nonintoxicating beer, nonintoxicating craft
				beer, wine, or controlled substances, or while having an alcohol concentration
				in his or her blood of eight hundredths of one percent or more, by
				weight.
7.3. No person may operate
				a vessel towing a person on water skis, surfboard, other towable or similar
				device, nor may any person engage in water skiing, surfboarding, or similar
				activity at any time between sunset and sunrise.
7.4. No person may operate a vessel towing a
				person on water skis, surfboard, other towable or similar device unless:
7.4.1. A person at least 12 years of age or
				older other than the operator is on board the vessel in a position to observe
				the progress of the person being towed; or
7.4.2. The vessel is equipped with a
				wide-angle rear-view mirror mounted in a manner that permits the operator to
				observe the progress of the person being towed.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-25 - Boating Rules › Section 58-25-8 - Accident Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				operator of a vessel involved in a collision, accident, or other casualty -- so
				far as he or she can do so without serious damage to his or her own vessel,
				crew, and passengers -- shall render to other persons affected by the
				collision, accident, or other casualty any assistance that is practicable and
				necessary in order to save them from or minimize any danger caused by the
				incident.
8.2. The operator of a
				vessel involved in a collision, accident, or other casualty shall give his or
				her name, address, and the identification of his or her vessel in writing to
				any person who was injured during the incident and to the owner of any property
				damaged by the incident.
8.3. The
				operator of any vessel involved in a collision, accident, or other casualty
				which results in death or personal injury that requires medical treatment
				beyond first aid, or damage to property in excess of $2000_shall file a full
				description of the incident with the Division of Natural Resources on West
				Virginia Boating Accident Report Form MB-3.
8.3.1. An accident report for an incident
				involving a fatality shall be submitted to the Division within 48 hours of the
				incident.
8.3.2. An accident report
				in a case involving a reportable injury or property damage shall be submitted
				to the Division within 10 days of the incident.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-25 - Boating Rules › Section 58-25-9 - Boating on Government-Owned Reservoirs

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Special rules to be observed in the
				operation of motorboats and other vessels upon, over, or through the waters of
				a particular government-owned reservoir are found in W. Va. Code of State
				Rules, Title 58 Series 26, Special Boating Rule.
9.2. No motorboat or other vessel may be
				placed upon or operated upon a government-owned reservoir for a fee or profit,
				either as a direct charge to a second party or as an incident to other services
				provided by the second party, except as specifically authorized by lease,
				license, or concession contract with the government agency which manages the
				reservoir.
9.3. No motorboat or
				other vessel containing a sink, toilet, or sanitary system may be launched and
				operated upon a government owned reservoir unless the sink, toilet, or sanitary
				system has been removed, sealed, or made to drain into a tank which can be
				carried or pumped ashore into a receptacle for disposal away from the lands and
				waters of the reservoir.
9.4. A
				motorboat or other vessel, when not in actual use at a government-owned
				reservoir, shall be:
9.4.1. Removed from the
				reservoir;
9.4.2. Securely moored
				at an authorized dock or boathouse where supervision by the owner or his or her
				representative is provided on a 24-hour basis; or
9.4.3. Placed in the care of a marina
				concessionaire, state or local managing agency, or other party authorized to
				care for floating equipment on a 24-hour basis.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-25 - Boating Rules › Section 58-25-10 - Special Requirements for Motorboats Which Carry Passengers for Hire

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Motorboats
				which carry passengers for hire shall have readily available and maintained in
				good and serviceable condition for each person carried a personal flotation
				device of an appropriate design and fit for each activity type as defined and
				approved by the United States Coast Guard pursuant to
				33
				C.F.R. §
										175.13 2014
et
				seq.
as authorized by
				46
				USC §
										4302. They shall also have readily
				available and maintained in good and serviceable condition personal flotation
				devices of an appropriate design and fit for children as defined and approved
				by the United States Coast Guard pursuant to
				33
				C.F.R. §
										175.13 2014
et
				seq.
as authorized by
				46
				USC §
										4302 in number equal to at least
				10 percent of the maximum number of persons carried, unless the service is such
				that children are never carried.
10.2. Motorboats while carrying passengers
				for hire shall be operated and navigated by a person duly licensed by the
				United States Coast Guard. This section does not apply to outfitters and guides
				licensed under W. Va. Code §
									20-2-23
				and §
									20-2-23a.
10.3. Motorboats carrying more than six
				passengers shall be inspected and certified by the United States Coast
				Guard.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-25 - Boating Rules › Section 58-25-11 - Boat Liveries

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The
				owner or operator of a boat livery or rental facility, or his or her agent or
				employee, shall provide boating safety orientation for all persons that rent
				any vessel which is designed or permitted by him or her to be operated as a
				motorboat, including personal watercrafts, unless that person holds a
				certificate as required under W. Va. Code §
									20-7-12b.
11.2. Individuals providing instruction shall
				apply for certification to the Division and shall renew the certification on an
				annual basis. Instructors shall:
1) Be at
				least 18 years of age,
2) Have
				successfully completed a basic National Association of State Boating Law
				Administrator's approved boating safety course, and
3) Have successfully completed an instructor
				training workshop on Boating Safety Orientation conducted by the
				Division.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-25 - Boating Rules › Section 58-25-12 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Any person
				convicted of a violation of this rule is subject to the penalties provided for
				in the 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 58-26 - Special Boating Rules › Section 58-26-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This rule provides interpretations and guidance concerning special
				rules that govern the operation of motorboats and other vessels on particular
				waters of this State.
1.2.
				Authority. -- W. Va. Code §§
									20-1-7(31),
				20-7-22,
				and
				20-7-23.
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 58-26 - Special Boating Rules › Section 58-26-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Director"
				means the director of the West Virginia Division of Natural
				Resources.
2.2. "Government-Owned
				Reservoir" means any natural or artificial impoundment, lake, pond, or
				reservoir that is partially or wholly within the territorial limits of West
				Virginia and is owned or administered by the federal government or by the State
				or any political subdivision of the state.
2.3. "Special Rules" means rules to be
				observed in the operation or navigation of motorboats and other vessels upon,
				over, or through the waters of a particular government-owned reservoir which
				the director considers necessary for the public health or safety of persons or
				property on or in those waters, or for the preservation of useful aquatic life.
				Special rules supplement the provisions of W. Va. Code §
									20-7-1
et seq
., and the general rules promulgated thereunder, as they
				relate to motorboats and other vessels by further limiting, restricting, or
				prohibiting the operation or navigation of the vessels on a particular
				government-owned reservoir.
2.4.
				All other terms have the meaning prescribed in W. Va. Code §
									20-7-11
et seq.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-26 - Special Boating Rules › Section 58-26-4

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any person
				convicted of a violation of this rule is subject to the penalties provided for
				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 58-27 - Special Motorboating Regulations › Section 58-27-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This rule establishes no wake zones for certain waters of this
				State.
1.2. Authority. -- W.Va.
				Code §§
									20-7-22 and
				20-7-23.
1.3. Filing Date. -- May 8, 2023.
1.4. Effective Date. -- May 8,
				2023.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect 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 58-27 - Special Motorboating Regulations › Section 58-27-2 - 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. "Motorboat" means any vessel propelled
				by an electric, steam, gas, diesel, or other fuel-propelled or driven motor,
				whether or not the motor is the principal source of propulsion, but does not
				include a vessel that has a valid marine document issued by the United States
				Bureau of Customs or any successor federal agency.
2.3. "No Wake Speed Zone" means an area
				restricting motorboats from attaining a speed which would produce a wake that
				would noticeably disturb other motorboats or other vessels, docks, piers, or
				any other shoreline facility within the designated area.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-29 - Special Boating Rule For Jennings Randolph Lake › Section 58-29-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule is designed for the protection of Jennings Randolph Lake as a natural
				resource and to provide a pleasant and safe family oriented facility for the
				enjoyment of water related activities. Jennings Randolph Lake is a U. S. Army
				Corps of Engineers facility sharing a common boundary between the State of West
				Virginia and the State of Maryland. The U. S. Army Corps of Engineers has
				agreed that West Virginia and Maryland have enforcement authority on the
				project, both the land and the water areas, by being a signatory partner in the
				Compact found in the West Virginia Code, chapter 29, article 1J ('29-1J-1),
				with the States of West Virginia and Maryland. The States have agreed to
				identical boating regulations and to share enforcement responsibilities. A
				fundamental consideration is preserving an acceptable quality of recreational
				experience on the Lake while providing for the greatest use consistent with a
				quality experience and safety for all users.
1.2. Purpose. -- The purpose of this rule is
				to establish joint rules with the State of Maryland and the State of West
				Virginia on the Jennings Randolph Lake which is situated on the border of both
				states.
1.3. Authority. -- W. Va.
				Code ''20-1-7(30), 20-7-13, 20-7-22, 20-7-23, and 29-1J-1
1.4. Filing Date. -- May 20, 1998.
1.5. Effective Date. -- May 20,
				1998.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-29 - Special Boating Rule For Jennings Randolph Lake › Section 58-29-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless otherwise specified below, all terms shall have the
				  meaning given in chapter twenty of the W. Va. Code '20-10 et seq. Boating Rule,
				  58CSR25.
2.1. "Controlled Dangerous
				Substance or Drug" means those controlled dangerous substances or drugs defined
				in article two, chapter sixty-A ('60A-2).
2.2. "Lake" means the surface area of the
				water in the Jennings Randolph Lake where operation of a vessel may
				occur.
2.3. "Lake Manager" means
				the person designated as manager or resident engineer of the Lake and its
				activities as appointed by the U. S. Army Corps of Engineers.
2.4. "Lake Project" means anywhere within the
				boundaries of the Jennings Randolph Lake project owned and administered by the
				U. S. Army Corps of Engineers.
2.5.
				"Minimum/No Wake Speed Zone" means an area where a vessel may not operate in
				excess of the idling speed or the slowest possible speed necessary to maintain
				steerage under prevailing wind and water conditions.
2.6. "Operate" means to navigate or otherwise
				use a motorboat or vessel.
2.7.
				"SAE" means the Society of Automotive Engineers
2.8. "States" means the State of West
				Virginia and the State of Maryland.
2.9. "Steerage" means the minimum rate of
				motion required for the steerage apparatus (rudder or motor) of a vessel to
				have effect.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-29 - Special Boating Rule For Jennings Randolph Lake › Section 58-29-3 - Prohibitions

Current through Register Vol. XLI, No. 28, July 12, 2024
In addition to the rules contained in West Virginia Boating
				  Rule 58CSR25, the following provisions are applicable specifically to boating
				  on the Lake.
3.1. No person may
				operate a recreational vessel with a length in excess of 26 feet as measured
				using existing U. S. Coast Guard standards of measurement. Vessels carrying
				passengers for hire may not be more than 50 feet in length.
3.2. Vessels carrying passengers for hire
				shall comply with U. S. Coast Guard requirements governing such vessels and may
				not operate on the Lake without the prior written permission of the Lake
				Manager.
3.3. No person may operate
				a sea plane or float plane on the Lake without prior permission of the Lake
				Manager.
3.4. No person may operate
				or give permission to operate a personal watercraft on the Lake at any time at
				a speed in excess of 6-knots within 100 feet of another vessel, shore, wharf,
				pier, piling, bridge structure or abutment or people in the water.
3.5. Rules of the Road. A person operating a
				vessel on the Lake shall comply with the Federal Inland Navigation Rules Act of
				1980, CFR '4-90, as amended.
3.6.
				U. S. Coast Guard Requirements. Except where specifically regulated in this
				rule, all operators of vessels operating on the Lake must comply with current
				U. S. Coast Guard regulations, including, but not limited to, safety equipment,
				personal floatation devices, maximum weight and powering capacity plates, fire
				extinguishers, and lighting requirements.
3.7. State of West Virginia Requirements.
				Except as otherwise specified in this rule, all persons operating a vessel or
				manipulating water skis, surfboard, aquaplane, or similar device, on the Lake
				must comply with West Virginia Legislative Rule, "Boating Rules", 58 CSR
				25.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-29 - Special Boating Rule For Jennings Randolph Lake › Section 58-29-4 - Vessel Operator Blood Alcohol Content; Testing Method; and Loss of Privileges

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No
				person may operate a vessel on the Lake while having an alcohol concentration
				in his or her blood of seven one hundredths of one percent or more by weight or
				under the influence of alcohol or any controlled substance or drug, or under
				the combined influence of alcohol and any controlled substance or
				drug.
4.2. Any person suspected to
				be in violation of this section will be subject to a blood or alcohol test. The
				method of testing is to be selected by the law enforcement officer involved.
				Refusal to be tested will subject the operator to loss of all vessel operating
				and other user privileges on the Jennings Randolph Lake Project for a period of
				one (1) year, in addition to any other penalties that may be imposed by
				law.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-29 - Special Boating Rule For Jennings Randolph Lake › Section 58-29-5 - Water Skis, Surfboards, or Similar Devices

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No person may operate a vessel towing a
				person on water skis, surfboard, aquaplane, or similar device, nor may any
				person engage in water skiing, surfboarding, or similar activity at any time
				between the hours of sunset to sunrise, unless participating in an approved and
				permitted regatta, race, marine parade, tournament, or exhibition.
5.2. Except for personal watercraft, no
				person may operate a vessel towing a person on water skis, surfboard, or
				similar device unless a person at least twelve (12) years of age, other than
				the operator is on board such vessel in a position to observe the progress of
				the person being towed, or unless the vessel is equipped with a wide-angle
				rear-view mirror.
5.3. No person
				may operate or give permission to operate a personal watercraft for the purpose
				of towing a person on water skis, surfboard, aquaplane, or similar device,
				unless the personal watercraft:
5.3.1. Has a
				capacity of three individuals that includes the:
a. Operator/Driver;
b. Rear facing observer who is at least
				twelve (12) years of age or older;
c. Water skier; and
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-29 - Special Boating Rule For Jennings Randolph Lake › Section 58-29-6 - Sailboards

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The operator
				of a sailboard may meet the requirement to carry one personal flotation device
				for each person on board by wearing the following equipment so that positive
				buoyancy is provided to the operator:
6.1.1.
				Neoprene wetsuit or drysuit;
6.1.2.
				Closed-cell foam design padded chest, waist, or seat harness; or a
6.1.3. Combination of the equipment specified
				in 6.1.1. and 6.1.2. above.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-29 - Special Boating Rule For Jennings Randolph Lake › Section 58-29-7 - Skin and Scuba Diving

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Skin and
				scuba diving are permitted in all areas of the lake except the following:
7.1.1. The restricted area established above
				the dam, around the intake tower, or any other restricted area that may be
				established on the Lake and approved by the Director;
7.1.2. Heavily traveled boat lanes;
7.1.3. Narrow channels; and
7.1.4. Areas where visibility is
				obscured.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-29 - Special Boating Rule For Jennings Randolph Lake › Section 58-29-8 - Boating Safety Education Certificate

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Except as otherwise provided in section
				8.3 of this rule, no person born on or after July 1, 1980 may operate a vessel
				on the Lake that is required to be numbered without first having obtained a
				certificate of boating safety education from this or any other state, which
				certificate was obtained by satisfactorily completing a course of instruction
				in boating safety education administered by the U. S. Coast Guard Auxiliary;
				the U. S. Power Squadron; the Maryland Department of Natural Resources; the
				West Virginia Division of Natural Resources; any person certified to teach the
				course administered by West Virginia or Maryland Natural Resources Boating
				Safety Education Section personnel; or any person authorized to teach the
				course prescribed by the National Association of State Boating Law
				Administrators in the operator's home state.
8.2. Any person who is subject to section
				8.1. of this rule must possess the certificate of boating safety education when
				operating a vessel on the Lake and must show the certificate on demand of a
				Maryland Natural Resources Police Officer, West Virginia Conservation Officer
				or other law enforcement officer authorized to enforce the provisions of this
				rule.
8.3. The following persons
				are exempt from the requirements of section 8.1 of this rule:
8.3.1. A person who is a resident of a state
				other than Maryland or West Virginia and who is visiting the state for 60 days
				or less in a vessel that is numbered in another state if:
a. The person is fifteen (15) years of age or
				older; or
b. The person has been
				issued a boating safety education certificate by that state in accordance with
				the criteria of the National Association of Boating Law
				Administrators;
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-29 - Special Boating Rule For Jennings Randolph Lake › Section 58-29-9 - Noise Level Limits

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Noise
				Level Limits.
9.1.1. No person may operate or
				give permission to operate a vessel that emits a maximum noise level exceeding
				90dB(A).
9.1.2. Noise level limits
				shall be measured using the procedures contained in the marine environment
				noise level measurement procedure SAE J 2005.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-29 - Special Boating Rule For Jennings Randolph Lake › Section 58-29-10 - Sanitation Devices

Current through Register Vol. XLI, No. 28, July 12, 2024
No vessel containing a sink, toilet, or sanitary system may
				  be launched or operated upon the Lake unless the sink, toilet, or sanitary
				  system has been removed, sealed, or made to drain into a tank which can be
				  carried or pumped ashore into a receptacle for disposal away from the lands and
				  waters of the Lake Project.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-29 - Special Boating Rule For Jennings Randolph Lake › Section 58-29-11 - Waste Products

Current through Register Vol. XLI, No. 28, July 12, 2024
No person may deposit garbage, sewage, waste, food stuff,
				  paper, or any obnoxious material in the waters of the Lake or anywhere on the
				  Lake Project except in containers approved for the collection of such
				  items.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-29 - Special Boating Rule For Jennings Randolph Lake › Section 58-29-12 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Any person
				violating the provisions of this rule, shall be guilty of a misdemeanor, and
				upon conviction, shall be subject to the penalties prescribed in article seven,
				chapter twenty ('20-7-9). Provided, that any person violating sections 4.1. or
				5.7. of this rule shall be guilty of a misdemeanor, and upon conviction
				thereof, shall be fined not less than one hundred ($100) dollars nor more than
				five hundred ($500) dollars, or confined in jail not less than ten nor more
				than one hundred days, or be both fined and imprisoned within the limits
				aforesaid.
12.2. Second and
				subsequent convictions of violating the provisions of sections 4.1. or 5.7. of
				this rule shall subject the individual violating these sections to double the
				amount of the minimum and maximum fine and jail term.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-30 - Shoreline Camping Of Government Owned reservoir Areas In WV (Tech Cleanup changing # from 58-8 filed › Section 58-30-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Legislative rules and regulations relating to public use of shoreline camping
				areas on Government owned reservoir areas in West Virginia.
1.2. Authority. -- W. Va. Code ''20-1-7 and
				20-1-7(30).
1.3. Filing Date. --
				December 30, 1982.
1.4. Effective
				Date. -- January 1, 1983.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-30 - Shoreline Camping Of Government Owned reservoir Areas In WV (Tech Cleanup changing # from 58-8 filed › Section 58-30-2 - General Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Use of
				Shoreline. -- The general public shall have access to and the use of the
				shoreline at all times.
2.2.
				Permits and Number of Days. -- All camping shall be by permit in designated
				areas and numbered sites and shall be limited to fourteen (14) day periods. All
				permits shall be filled out completely, retained at the campsite at all times,
				and posted fees shall be paid before occupying camping site. Permits are
				available on the area or at the wildlife manager's office.
2.3. Erection of Structures. -- The erection
				of structures other than cloth, fibrous or plastic tents is
				prohibited.
2.4. Signs. -- Signs
				other than those erected by authorized personnel are prohibited.
2.5. Campfires. -- Campfires are permitted
				but shall be contained, attended and controlled.
2.6. Cleanliness of Campsites. -- All campers
				shall keep their campsites clean and presentable at all times, and shall
				dispose of combustibles and refuse in accordance with instructions posted.
				Camps shall be completely razed and the sites clean before departure.
2.7. Abandonment of Personal Property. --
				Abandonment of personal property on the lands or waters of the reservoir area
				is prohibited. Personal property shall not be left unattended by the permittee
				on the lands and waters of the reservoir, except in accordance with the
				regulations prescribed. The Division of Natural Resources assumes no
				responsibility for personal property and if such property is abandoned or left
				unattended by the permittee for a period in excess of forty-eight (48) hours,
				it shall be disposed of in the manner prescribed by law.
2.8. Removal or Alteration of Natural
				Features. -- Trees, shrubs, rocks or other natural features shall not be
				painted, whitewashed, cut, destroyed, removed or altered in any
				manner.
2.9. Loss or Damage to
				Equipment. -- The Division of Natural Resources shall not be responsible for
				loss or damage to equipment maintained in any campsite due to flooding or from
				any other cause.
2.10. Use of Roads
				and Trails. -- All roads and trails closed to motorized vehicle travel
				(including snowmobiles, all terrain vehicles, trail bikes, etc.) shall be
				closed with a sign, gate, cable or other obstruction and shall be designated on
				area maps. Maps shall be posted and may be obtained at manager's office in the
				headquarters area or at the district office.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-30 - Shoreline Camping Of Government Owned reservoir Areas In WV (Tech Cleanup changing # from 58-8 filed › Section 58-30-3 - Special Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Special Regulations. -- Applicable special regulations shall be posted on
				designated areas.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-31 - Rules Governing Public Use Of WV State Parks, Forests, Wildlife Management Areas under Division Of Natural Resources › Section 58-31-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs the public use of 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, Parks and
				Recreation Section. 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 §
									20-1-7.
1.3. Filing Date. -- May 4, 2006.
1.4. Effective Date. -- June 1,
				2006.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-31 - Rules Governing Public Use Of WV State Parks, Forests, Wildlife Management Areas under Division Of Natural Resources › Section 58-31-2 - General Rules Governing Public Use of State Parks, StateForests, and Recreational Areas in State Wildlife Management Areas under the Division of Natural Resources

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. No
				person shall cut, deface, destroy, or drive any object into any tree, shrub,
				rock, sign, building or other structure or object in a state park, state
				forest, or state wildlife management area. This subsection does not apply to
				the erection of temporary blinds or tree stands in state wildlife management
				areas.
2.2. No person shall remove
				any man-made or natural object, material, substance, plant, animal or
				historical or archeological relic or artifact from a state park, state forest,
				or state wildlife management area, except those legally acquired through
				hunting and fishing in accordance with W. Va. Code §
									20-2-1 et
				seq. or upon proper authorization in writing by the Chief of Parks and
				Recreation, Division of Natural Resources.
2.3. Fires may be lighted only in fireplaces,
				fire rings or grates provided by the State or in places designated by the area
				superintendent. Those persons responsible for a fire shall extinguish it
				completely before leaving it. Ashes, charcoal briquets and other materials used
				for a fire shall be left in the fireplace, fire ring, grate or place designated
				for the fire, or be deposited in a trash container or a container provided
				specifically for that purpose but only after they are extinguished. The
				materials shall not be strewn over the ground.
2.4. No person shall attempt to or hunt,
				catch, capture, take, kill, trap, pursue or have in his or her possession any
				animal, except as provided in W. Va. Code §
									20-2-1 et
				seq. Hunting is prohibited in all state parks; however, legally authorized
				hunting is permitted in state forests, and state wildlife management areas.
a. No person shall attempt to feed, or feed,
				any animal in a state park, state forest, or state wildlife management area,
				except a pet they own, or as part of a wildlife management program officially
				approved by the state agency having lawful jurisdiction over the
				program.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-31 - Rules Governing Public Use Of WV State Parks, Forests, Wildlife Management Areas under Division Of Natural Resources › Section 58-31-3 - Enforcement of Rules Governing Public Use of 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.
Conservation Officers, Special Conservation Officers, and the
				  superintendents, assistant superintendents and managers of state parks, state
				  forests, and state wildlife management areas shall 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 58-32 - Public Use Of WV State Parks, Forests, And Wildlife Management Areas Under The Division Of Natual Resource › Section 58-32-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs the public use of campgrounds in West Virginia state
				parks and state forests, and campsites in West Virginia 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 other sections of
				the Division of Natural Resources. This rule is necessary to provide for public
				health, safety, and welfare, to protect state property, and to assure state
				recreational area guests a safe, beneficial and enjoyable experience.
1.2. Authority. -- W. Va. Code §
									20-5-2
				and §
									20-5-3
.
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 58-32 - Public Use Of WV State Parks, Forests, And Wildlife Management Areas Under The Division Of Natual Resource › Section 58-32-2 - Rules Governing Public Use of Campgrounds in State Parks and State Forests under the Division of Natural Resources, Parks and Recreation Section

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. A campsite may
				not be occupied until the rental fee for the site has been paid. A campsite is
				considered reserved when the rental fee for the site has been paid. Rental fees
				may be paid online, by phone, or in person at the campground check-in station
				or park office. Registered occupants of a reserved campsite are considered
				registered campers.
2.2. A person
				who is 18 years of age or older must be at each rented campsite and is
				responsible for the actions and safety of all campsite occupants and shall be
				held liable for any damages caused by campsite occupants.
2.3. No person may camp in any manner in any
				state park or state forest, except at numbered sites in areas designated for
				camping. Campground facilities are for the use of registered campers only,
				except that the area superintendent, at his or her discretion, may designate
				times during which cabin guests are permitted use of campground laundry
				facilities during periods of low use by campers.
2.4. The rental period for any campsite may
				not exceed 14 consecutive nights. Occupancy of a campsite may not be extended
				beyond 14 consecutive nights by a rental fee being paid by any additional
				campsite occupant; except that, after Labor Day until May
				1st of the following year, the area superintendent,
				at his or her discretion, may rent campsites for longer periods when vacant
				campsites are available. Following a rental period exceeding 14 consecutive
				nights, the area superintendent, at his or her discretion, may request the
				camper or campers move to another campsite for purposes of conservation and
				maintenance of the first rental site.
2.5. No more than two motor vehicles are
				permitted on a campsite at any time. No more than one camping unit (tent,
				trailer, motor home, camper van, etc.) is permitted on a campsite:
Provided,
That a family camping group, at the discretion of
				the area superintendent, may be permitted to have one or two small tents on its
				campsite in addition to the main camping unit:
Provided,
however,
That the additional units may not be ecologically
				detrimental to the campsite. For purposes of this section, a family is defined
				as parents or guardians and their dependent children.
2.5.1. Group campsites are exempt from the
				motor vehicle and camping unit restrictions in section 2.5. of this rule. Area
				superintendents, at their discretion, may establish motor vehicle and camping
				unit use restrictions for group campsites under their authority.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-32 - Public Use Of WV State Parks, Forests, And Wildlife Management Areas Under The Division Of Natual Resource › Section 58-32-3 - Rules Governing Public Use of Campsites in State Rail Trails under the Division of Natural Resources, Parks and Recreation Section

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. State rail
				trail campsites are available on a first-come, first-served basis.
3.2. A person who is 18 years of age or older
				must be at each campsite and is responsible for the actions and safety of all
				campsite occupants and shall be held liable for any damages caused by campsite
				occupants.
3.3. No person may
				occupy a state rail trail campsite for more than 14 consecutive
				nights.
3.4. No person may permit a
				trail animal to occupy a rail trail campsite in any manner that creates an
				erosive condition or is ecologically detrimental to the campsite.
3.5. No person may wash cooking utensils,
				tableware, flatware, or any other cooking or eating paraphernalia at water
				fountains or water pumps.
3.6. Hay,
				straw, boughs, pine needles or other similar materials may not be kept or used
				in tents or screened rooms or under shelters for bedding or any other purpose.
				The Chief of Parks and Recreation, Division of Natural Resources, may permit
				the use of hay and straw in conjunction with special events or
				programs.
3.7. No object may be
				driven into any tree, shrub, rock, sign, building, or other object or structure
				in a state rail trail campsite. Trenching or digging in a campsite is
				prohibited.
3.8. Quiet hours are
				from 10:00 p.m. to 7:00 a.m.
3.9.
				Any person may be evicted from a state rail trail for any violation 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 58-32 - Public Use Of WV State Parks, Forests, And Wildlife Management Areas Under The Division Of Natual Resource › Section 58-32-4 - Enforcement of Rules Governing Public Use of Campgrounds in State Parks, State Forests, and Campsites in State Rail Trails under the Division of Natural Resources, Parks and Recreation Section and Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Responsibility for enforcing the rules.
It is the duty and responsibility of Natural Resources Police
				  Officers, Special Natural Resources Police Officers, and the superintendents,
				  assistant superintendents and managers of state parks, state forests, and state
				  rail trails to enforce all of the provisions of this rule.
4.2. 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.