Land and Wildlife

How we treat our own property says a lot about us as individuals. How our government makes land use decisions and how it regulates what industry and developers are permitted to do speaks volumes about what kind of state we are and can be.

Preserving farmland and forests, as well as parks and recreation areas, is important for our lives now and for future generation. It is also critical for the habitat of birds, wildlife and fish.

Our public officials frequently make choices on our behalf that will shape the world we and all other creatures live in. By making our voices heard on land use issues, we plan to help them make the right choices.

Our Land and Wildlife Platform

We support hunting, fishing, rafting and other outdoor recreation activities that are compatible with wildlife habitat and create no lasting environmental damage.

We oppose commercial logging in state parks and forests.

We oppose mountaintop removal mining.

We support the right of local governments and municipalities to regulate consumer packaging within their jurisdictions, including plastic bags, straws, styrofoam containers, and the like.

2024 Land and Wildlife Bills

HB 4784

Residential Set Backs for New Wind Turbines

The bill prohibits new wind turbines within two miles of any residence.

Sponsors: Phil Mallow, Larry Kump

CWV Position:

Status: Introduced 1/16/2024; referred to Energy and Manufacturing, then Judiciary

HB 4966

Gas Well Plugging Requirements

The bill would amend the current plugging statute by adding more precise plugging requirements, new marking requirements for the benefit of landowners, and requirements to notify the county clerk of well locations.

CWV Position: Supports

Status: Introduced 1/122/2024; referred to Energy and Manufacturing

HB 4968

Regulating Radioactive Material

Among other things, this bill would make WV an "agreement state" for uniformity of rules relating to radioactive material with the federal NRC and other states; it would make the DEP the designated state radiation control agency; it would require a license for any handling or manufacture of radioactive material and would forbid the disposal of such material into landfills.

CWV Position: Supports

Status: Introduced 1/122/2024; referred to Energy and Manufacturing

HB 5006

Amending Manchin Rehabilitation Environmental Action Plan

The purpose of this bill is to eliminate antiquated recycling goals and to set new criteria for evaluating the State’s success in achieving recycling goals, as well as for ensuring continued federal financial support for State recycling programs. The bill also establishes reporting requirements of recycling establishments.

CWV Position: Supports

Status: Introduced 1/123/2024; referred to Energy and Manufacturing

HB 5013

Amending Definition of Managed Timberland

This bill would remove the tax benefits available to "managed timberland" from land subject to contractual limits on development such as conservation easements and carbon offset agreements.

Sponsors: Chuck Horst

CWV Position: Opposes

Status: Introduced 1/123/2024; referred to Energy and Manufacturing

HB 5045

Underground Carbon Sequestration and Storage

This bill provides further assurances to EPA that West Virginia should be responsible for enforcing underground carbon storage regulations. It focuses on changes to rules relating to management of post-injection monitoring and releases of liability.

CWV Position: Supports

Status: Introduced 1/23/2024; referred to Energy and Manufacturing; passed House 2/5/24, committee reference bypassed; passed Senate with amendment 2/9/24; House concurs 2/23/24

HB 5047

Amending Surface Mining Reclamation Requirements

This bill would assure that bonding and reclamation requirements are adequate to assure that post mining reclamation is completed and paid for by coal mining operators and does not become a financial liability to state taxpayers; revising bonding requirements to require the bond be set for actual reclamation costs; forbidding the issuance of new permits to operators who have not fulfilled prior reclamation obligations.

Sponsors: Evan Hansen

CWV Position: Supports

Status: Introduced 1/23/2024; referred to Energy and Manufacturing, then Finance

HB 5048

Underground Carbon Sequestration and Storage

The purpose of this bill is to remove the cap on the number of gas and other type wells for which operators are required to pay annual oversight fees.

Sponsors: Evan Hansen

CWV Position: Supports

Status: Introduced 1/23/2024; referred to Energy and Manufacturing, then Finance

HB 5076

Amending Dry Well Plugging Requirements

This bill creates exceptions for when a dry well must be plugged and prohibits any cause of action by any party as a result of the changes.

CWV Position: Opposes

Status: Introduced 1/25/2024; referred to Energy and Manufacturing, then Judiciary; passed out of Energy to Judiciary 2/2/24

HB 5085

Tax Credit for Recycling

This bill creates a tax credit for businesses that choose to recycle.

Sponsors: Larry Kump

CWV Position: Supports

Status: Introduced 1/25/2024; referred to Finance

HB 5414

Orphan Well Protection Act of 2024

This bill seeks to prevent orphan gas and oil wells by requiring an operator to post a bond covering the full cost of plugging, or pay into a set-aside fund payments sufficient to plug the well at the end of its useful life.

CWV Position: Supports

Status: Introduced 2/1/2024; referred to Energy

HB 5416

Use of Degraded Land for Solar Panel Location

This bill seeks creates a tax incentive for power generation companies to locate solar power facilities on degraded mine and industrial land instead of farm land.

Sponsors: Evan Hansen

CWV Position: Supports

Status: Introduced 2/1/2024; referred to Energy and Manufacturing, then Finance

HB 5626

Community Solar Pilot Program

Creates a community solar pilot program allowing participation by low-income and other consumers in the benefits of solar power although individually unable to mount solar panels at their home or business. Requires bill credit to be given to subscribing consumers for their share of solar power generated. Encourages location of community solar facilities on otherwise unfavorable land or in areas where it can be co-located with agriculture.

CWV Position: Supports

Status: Introduced 2/12/2024, referred to Energy & Manufacturing, then Judiciary

SB 171

Restricting County Commissions Regulating Certain Agricultural Practices

This bill would prohibit county commissions from passing ordinances regulating agriculture that are broader or more strict than state standard, and would forbid county commissions from regulating the location and use of pesticides licensed under state or federal law.

CWV Position: Opposes

Status: Introduced 1/10/2024, passed Senate same day and referred to House; passed House 2/13/24; signed by Governor 2/26/24

SB 196

West Virginia Rail Trails Program

This bill would direct a division of the Department of Transportation to acquire active or inactive rail corridors for the use of non-motorized trails for hiking, biking and equestrian use. Electric bicycles would be permitted.

Sponsors: Charles Trump

CWV Position: Supports

Status: Introduced 1/10/2024, referred to Outdoor Recreation, then Judiciary

SB 281

Wildlife Impact Fee on Wind Power Projects

Allowing the DNR to assess an impact fee on the operators of wind power projects when an animal from a protected species is killed through the operation of the project.

CWV Position: Opposes

Status: Introduced 1/11/2024, referred to Agriculture and Natural Resources, then to Finance

SB 425

West Virginia Public Waterway Access Act

Directing state agencies to include planning for public access to streams at new bridge construction sites.

CWV Position: Supports

Status: Introduced 1/12/2024, referred to Agriculture and Natural Resources

SB 426

West Virginia Recreational Trails Act

Directing the Department of Transportation to prioritize the development of non-motorized recreational trails, including hiking, equestrian, running, trail and mountain biking.

CWV Position: Supports

Status: Introduced 1/12/2024, referred to Agriculture and Natural Resources; passed Senate 1/24/24; introduced in House 1/29/24

SB 512

Taxation of Solar Farms

Establishing for tax purposes that the business of farming does not include the development, operation or ownership of a solar farm unless the solar arrays are elevated such that pasture animals may graze underneath.

Sponsors: Patricia Rucker

CWV Position:

Status: Introduced 1/10/2024, referred to Agriculture and Natural Resources, then Finance

SB 532

Orphan Well Prevention Act of 2024

This bill would create a system of fees and oversight to plug and prevent orphan gas and oil wells.

CWV Position: Supports

Status: Introduced 1/25/2024, referred to Energy, Industry and Mining, then Finance

SB 618

Carbon Exchange Program

Creating an exclusive state-run and regulated market for carbon credits in West Virginia.

CWV Position:

Status: Introduced 2/2/2024, referred to Government Organization, then Finance; passed Senate 2/28/24; referred to House Finance 2/29/24

SB 638

Community Solar Pilot Program

Creates a community solar pilot program allowing participation by low-income and other consumers in the benefits of solar power although individually unable to mount solar panels at their home or business. Requires bill credit to be given to subscribing consumers for their share of solar power generated. Encourages location of community solar facilities on otherwise unfavorable land or in areas where it can be co-located with agriculture.

Sponsors: Mike Oliverio

CWV Position: Supports

Status: Introduced 2/5/2024, referred to Economic Development, then Finance

SB 822

Carbon Offset Agreement

Strongly disfavors carbon offset agreements by removing them from favorable tax treatment as managed timberlands, requiring the purchaser to register and pay an excise tax of as much as 50% of the value of the agreement to the landowner, and declaring it West Virginia public policy to void the restrictions on future timbering in private covenants, thereby jeopardizing conservation easements.

CWV Position: Opposes

Status: Introduced 2/16/24, referred to Finance; committee substitute 2/26/24; read third time 2/28/24; removed from calendar by Rules Committee 2/28/24