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.

2023 Land and Wildlife Bills

HB 2021

Providing for Funding of DEP Office of Oil & Gas

Currently, the Office of Oil & Gas has too few inspectors and is funded only by a $100 fee paid by an operator at the time of permit application. This bill would require that a $100 fee be paid by the operator annually on all wells that have not been plugged.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Energy & Manufacturing then to Finance

HB 2022

Restricting Gas Well Locations

Currently, gas wells may not be located within 650 feet of an occupied dwelling structure. This bill would expand the restricted area to 2,500 feet.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Energy and Manufacturing

HB 2062

E-Bicycle Use

This bill defines and creates classes of e-bicycles and provides that they have the same privileges as non-electric bicycles where those vehicles are allowed. The stated purpose is to facilitate access to public lands for disabled people.

CWV Position:

Status: Introduced 1/11/23, referred to Natural Resources then Judiciary; passed out of Natural Resources 2/1/23; substitute bill in Judiciary passed out to House 2/14/23

HB 2083

Grants for Creating Gardening Habits to Protect Large Pollinators

This bill authorizes the use by the Commissioner of Agriculture of federal grants for the purposes defined therein, but directs that one such purpose shall be small grants to develop gardening and horticultutral habits that protect large pollinators.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Agriculture and Natural Resources then Finance.

HB 2121

Improving Adopt-A-Stream Program

This bill would improve the safety requirements for participants younger than 17, would enlarge the period of stream adoption to 3 years from the current 1 year, and require at least one clean-up per year.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Government Organizations

HB 2198

Relating to E-Bicycles

This bill defines e-bicycles, creates a new category of e-bicycles, and establishes that they may be used wherever regular bicycles are permitted.

CWV Position:

Status: Introduced 1/11/23, referred to Agriculture and Natural Resources, then Judiciary

HB 2304

Prohibiting One Use Polystyrene Food Containers

The purpose of this bill is to reduce the adverse environmental impact of polystyrene food containers by prohibiting a food establishment from dispensing prepared food to a customer in a one-use polystyrene food service container.

CWV Position: Supports

Status: 1/11/23, to Health and Human Services then Judiciary

HB 2409

Advanced Recycling of Organic Waste

This bill would provide a safe process for organic waste composting and require the DEP to promulgate related rules implementing organic waste composting, and providing for curbside pickup of composting.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Health and Human Resources then Government Organization

HB 2479

LImits on the Taking of Antlered Deer

This bill would require the Director of DNR to propose rules for the taking of antlered deer, to include a limit of two per licensee.

Sponsors: John Hott

CWV Position: It is unclear what impact, if any, this bill would have on the competing conservation interests.

Status: Introduced 1/11/23, referred to Agriculture and Natural Resources

HB 2753

Modifying E-Bike Laws

This bill would redefine the categories of allowable e-bike, allow lesser powered e-bikes to be operated wherever regular bicycles are allowed and restrict the use of high powered e-bikes. All this to bring West Virginia law better in line with federal law.

CWV Position:

Status: Introduced 1/17/23, referred to Economic Development and Tourism, then Judiciary; to Judiciary 1/26/23

HB 2830

Solar Energy Production on Formerly Mined Land

This bill would encourage solar energy development on lands formerly used for mining and certain third-party co-generation projects, to provide electricity for commercial, industrial and manufacturing businesses or institutions of higher education or nonprofit organizations that are located in or will locate operations in West Virginia; authorizing the Public Service Commission to regulate the use of transmission and distribution lines to transport power from these facilities; providing that the solar operations and third-party co-generation projects are not regulated as a utility for providing electricity to these businesses; and authorizing the issuance of renewable energy certificates for renewable energy generated by eligible solar projects.

CWV Position: Supports

Status: Introduced 1/19/23, referred to Energy and Manufacturing then Judiciary

HB 2838

Litterbug Act

This bill would require the erection of cameras by counties in high litter areas and the prosecution of litter cases by county magistrates.

CWV Position:

Status: Introduced 1/19/23, referred to Judiciary then Finance

HB 2852

Orphan Well Prevention Act of 2023

This bill seeks to prevent orphan gas and oil wells by requiring a fee paid into an escrow set-aside fund for each well as a condition of receiving a drilling permit. The fee would be based on consideration by the Office of Oil & Gas of several factors, including the actual cost of plugging, the well production schedule and market conditions.

CWV Position: Supports

Status: Introduced 1/20/23, referred to Energy & Manufacturing then Judiciary

HB 2896

Regulation and Storage of Radioactive Waste Materials and Radon Prevention

This statute would do too much to summarize adequately. It replaces current statutes regarding licensing of radon testers and laboratories. It adds a new statute regarding periodic testing of x-ray machines. It adds a statute on radon prevention in new school construction. It adds a Radiation Control Act which would bring state regulation into line with the federal government and many other states. The bill would promote the uses of radioactive material in the state for peaceful purposes. It would not apply to any facilities regulated by the federal Nuclear Regulatory Commission. The DEP is designated as the State Radiation Control Agency, with a a lengthy list of duties and rulemaking responsibility. The DEP is given eminent domain authority to acquire land for ionizing radiation control projects, and to convey this land to private commercial interests for scientific facilities and "nuclear storage areas." The DEP would also assume responsibility for regulating the perpetual custody of radioactive material at any private site where the owner has abandoned responsibility. The DEP would be charged with developing regulations concerning all radioactive material not under the jurisdiction of the federal NRC, and for licensing, among other things, the storage of this material.

Sponsors: John Hott

CWV Position: Opposes

Status: Introduced 1/20/23, referred to Energy and Manufacturing then Judiciary; then to Finance 2/2/23; committee substitute passed House 2/15/23; to Senate Economic Development Committee 2/20/23; committee amendment

HB 3147

Upper Ohio Valley Trail Network

The bill would create an authority of representatives from the Northern Panhandle and several other Ohio River counties to coordinate among government and private landholders for the creation of recreation trails in that area. ATVs are not contemplated.

CWV Position: Supports

Status: Introduced 1/30/23, referred to Outdoor Recreation

SB 13

Establishing Oversight Fee for Large-Producing Gas Wells

This bill would impose a additional $100 annual fee on gas wells that are otherwise subject to fees at the time of permit application, but that produce 10,000 cubic feet per day.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Energy, Industry & Mining; passed out to Finance 2/3/23

SB 143

Adopt-A-Stream Program

This bill would improve the safety requirements for participants younger than 17, would enlarge the period of stream adoption to 3 years from the current 1 year, and require at least one clean-up per year.

CWV Position: Supports

Status: Introduced 1/11/23, committee reference dispensed with, passed Senate unanimously 1/11/23, sent to House, referred to Government Organizations; passed House with amendment 1/27/23; Senate concurs in House amendment; sent to Governor 2/2/23; approved by Governor 2/27/23

SB 160

West Virginia Rail Trail Program

This bill would promote the acquisition and use of abandoned or inactive rail rights of way for use as recreational trails. The bill would permit non-motorized vehicles on these trails and would permit the use of e-bikes.

CWV Position: Supports

Status: Introduced 1/12/23, referred to Outdoor Recreation; committee substitute bill 1/26/23; passed Senate 1/31/23; introduced in House 2/1/23, referred to Economic Development & Tourism; passed out to House 2/27/23

SB 161

Authorizing Sale of Unneeded or Obsolete Public Lands

This bill authorizes the DNR, with the approval of the Secretary of Commerce, to sell public lands deemed obsolete or unneeded.

CWV Position:

Status: Introduced 1/11/23 directly in Senate; Constitutional rule requiring three readings suspended; passed Senate 1/12/23, referred to House Judiciary 1/13/23; amended and passed by House 1/19/23; Senate concurred in House amendment and passed 1/20/23; approved by Governor 1/24/23

SB 162

Leasing State-Owned Pore Spaces for Carbon Sequestration

This bill authorizes the leasing and development of state-owned "pore spaces" underlying state forests, natural and scenic areas and wildlife management areas for the purpose of carbon sequestration. State parks are excluded. Leasing would be to the highest auction bidder. The Director of DNR can award leases without competitive bidding under certain circumstances.

CWV Position: Opposes

Status: Introduced 1/12/23, committee reference dispensed with, passed Senate unanimously 1/12/23, sent to House, referred to Judiciary, passed with amendment and made effective from passage 1/19/23; approved by Governor 1/24/23

SB 27

Assessing Wildlife Impact Fee on Wind Power Projects

This bill would impose a replacement cost upon operators of wind power projects where protected bird species are killed in turbines and other machinery.

CWV Position: Supports

Status: Introduced 1/11/23, referred to Agriculture & Natural Resources, then Finance

SB 468

Cabwaylingo State Forest ATV Trail System

This bill would make permanent the ATV pilot program for ATV trails in Cabwaylingo state forest. It would allow the development of connector trails from existing private trail systems, such as Hatfield-McCoy, to give all-terrain vehicle users access to state park and forest recreational facilities.

CWV Position: Opposes

Status: Introduced 1/25/23, referred to Outdoor Recreation; committee substitute bill passed Senate 3/1/23; passed out of House Economic Development and Tourism committee 3/2/23; amended on House floor 3/4/23; passed House 3/6/23; Senate concurred 3/11/23; approved by Governor 3/11/23

SB 739

Moratorium on Carbon Offset Agreements

This bill would create a moratorium of 60 days from passage on any agreements designed to prevent timbering for the purpose of biologically sequestering carbon. This ostensibly would allow the legislature to address the issue carefully.

CWV Position: Opposes

Status: Originated in Senate Rules Committee 2/25/23; passed Senate unanimously 3/1/23; sent to House 3/1/23; referred to Energy & Manufacturing Committee 3/2/23; committee amendment 3/9/23; passed House 3/10/23; Senate amends House amendment 3/11/23 and requests House to concur