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HB 5025WEST VIRGINIASession 2026State Billdead

Did Not Advance

West Virginia allows farmers to burn obsolete, uninsured farm structures under specific notification rules

Original title: Allowing the burning of obsolete farm structures.

Last action · February 11, 2026: Markup DiscussionSponsors: Rick Hillenbrand and 9 others

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Introduced

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Floor Vote

Passed

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What This Bill Proposed

West Virginia exempts agricultural landowners from second-degree arson penalties when burning obsolete, uninsured farm structures, provided they submit a notarized letter of intent seven days in advance and follow Department of Environmental Protection permitting rules.

Why it matters

Agricultural property owners gain a legal method to clear unwanted, obsolete structures without facing felony arson charges, provided they meet specific advance notification and environmental permitting rules.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Owners of farm structures on agricultural land

Agricultural landowners gain a legal exemption from second-degree arson penalties for burning obsolete uninsured facilities, provided they fulfill advance notification and environmental permitting rules.

Directly affected

County assessors

County assessors receive notarized letters of intent identifying structures to be burned by tax map parcel number seven days prior to the burn date.

Directly affected

Local fire departments

Local fire departments receive notarized letters of intent regarding planned structural burns at least seven days in advance.

Directly affected

Department of Environmental Protection

The department retains its authority to enforce all applicable permitting requirements for the burning of structures.

Key Facts

Agricultural landowners are exempt from second-degree arson penalties when burning obsolete, uninsured farm structures.
Owners must submit a notarized letter of intent to burn the structure, identified by tax map parcel number, seven days prior to the anticipated burn date.
The letter of intent must be submitted to both the county assessor and the local fire department.
The letter of intent must explicitly declare that the structure is uninsured.

Show all 6 facts

All permitting requirements of the Department of Environmental Protection must still be followed.
Under existing law, willfully and maliciously burning a building not otherwise specified is classified as second-degree arson, carrying a sentence of one to ten years in the penitentiary.

Frequently Asked Questions

Who qualifies for the arson penalty exemption when burning a farm structure?

All owners of farm structures located on agricultural land who are burning obsolete, uninsured facilities are exempt from the penalty of arson, provided they meet specific notification and permitting conditions.

What notification must a property owner provide before burning a structure?

Owners must submit a notarized letter of intent identifying the structure by to the county assessor and local fire department at least seven days before the anticipated burn date.

Are property owners still subject to environmental rules when burning a farm structure?

Yes. All permitting requirements of the Department of Environmental Protection as otherwise provided must still be followed.

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Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

8 actions

Feb 11, 2026House
Markup Discussion
Feb 10, 2026HouseCommittee
To House Judiciary
Feb 9, 2026House
Markup Discussion
Feb 9, 2026HouseCommittee
To House Homeland Security
Feb 2, 2026HouseCommittee
To House Judiciary
Feb 2, 2026HouseIntroduced
Introduced in House

Show 2 earlier actions

Feb 2, 2026HouseCommittee
To Judiciary
Feb 2, 2026HouseIntroduced
Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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