SB 886 West Virginia Senate · 2026 Regular Session

Permitting prescribed fire control on private property without burning permit

SB 886 removes the requirement for a burning permit when private landowners conduct prescribed fires on their property, provided they follow procedures set by the Division of Forestry. This change directly affects landowners managing vegetation for wildfire prevention or land health on private property. The bill amends existing law to exempt these controlled burns from the standard permit process during designated fire seasons (March 1-May 31 and October 1-December 31), while maintaining rules about burning times (5 p.m. to 7 a.m.), safety zones (10-foot clearance), and fire bans. It does not alter fire season dates, permit fees for other activities, or penalties for violations.

Issues: ✓ Environment

Bill status signed all 5 stages cleared

Introduction

Feb 2026

Committee Review

Mar 2026

Senate Passage

Mar 2026

House of Delegates Passage

Mar 2026

Signed into Law

Jun 2026

Introduced Feb 9, 2026 Signed Jun 25, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

sb886 h gov am _1 adopted.htm → Enrolled Committee Substitute · 4 edits · Apr 1, 2026

MODERATE

This bill updates the legal definition of a 'prescribed fire manager' to include private individuals, not just government employees, allowing more people to legally conduct controlled burns. It also establishes a new director-led certification process requiring training and exams, and mandates that burn plans include specific details like landowner contact information and smoke management strategies. These changes aim to standardize safety practices and reduce liability for those managing fires on private property while ensuring public safety.

Scope change

The bill expands the scope of who can legally manage prescribed fires from only government employees to include private individuals, provided they meet new certification requirements.

DEFINITION

Added a new definition for 'Certified prescribed fire manager' to include private individuals alongside government employees and federal workers.

REQUIREMENT

Established a mandatory certification process requiring completion of a prescribed fire course, passing an exam, and demonstrating relevant experience for private individuals.

Required burn prescriptions to include specific details such as the landowner's contact information, a map of the burn area, and a smoke management plan.

ELIGIBILITY

Modified eligibility criteria to allow private individuals to conduct prescribed burns if they obtain certification, whereas previously only state or federal employees were explicitly covered.

Floor votes · Senate Feb 23, 2026 · House of Delegates Mar 13, 2026

How they voted

32–0

Passed · 1 other

Total votes 33

Feb 23, 2026

D Democratic2

2 Yea

100% Yea

R Republican31

30 Yea 1

96% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 1, 2026

Signed into law

Approved by Governor 4/1/2026

upper

Mar 14, 2026

Signed into law

Approved by Governor 4/1/2026 - House Journal

lower

Mar 14, 2026

Signed into law

Approved by Governor 4/1/2026 - Senate Journal

upper

Mar 14, 2026

Upper · Passed

Senate concurred in House amendments and passed bill (Roll No. 634)

upper

Mar 13, 2026

Lower · Passed

Passed House (Roll No. 588)

lower

Mar 13, 2026

Lower · Passed

Amendment adopted (Voice vote)

lower

Mar 13, 2026

Introduced

Amendment reported by the Clerk

lower

Mar 11, 2026

Lower · Passed

With amendment, do pass

lower

Feb 23, 2026

Committee

To House Government Organization

lower

Feb 23, 2026

Committee

To Government Organization

lower

Feb 23, 2026

Introduced

Introduced in House

lower

Feb 23, 2026

Upper · Passed

Passed Senate (Roll No. 199)

upper

Feb 19, 2026

Upper · Passed

Committee substitute reported

upper

Feb 9, 2026

Introduced

Introduced in Senate

upper

Feb 9, 2026

Committee

To Natural Resources

upper

1 primary · 5 co-sponsors