West Virginia Code of State Rules Agency 204 - Hatfield-McCoy Regional Recreation Authority
Here’s a detailed overview of Agency 204 – Hatfield‑McCoy Regional Recreation Authority, specifically Title 204, Series 204‑01 – Rules for Use of Facilities, current through March 21, 2025:
📘 1. Scope & Authority (§ 204‑1‑1)
Applies to use of the Hatfield‑McCoy Recreation Area and adjacent public/private lands within its enforcement area.
Rules supersede except where inconsistent with higher state or federal law.
Purpose: ensure public health, safety, property protection, and enjoyable recreation experience.
Authority granted by W. Va. Code § 20‑14‑1 et seq.
Filed June 6, 2013; effective July 8, 2013.
2. General Rules Governing Use (§ 204‑1‑3)
Access limited to users complying with all posted rules and traffic-control devices.
Trails open to pedestrians, ATVs, UTVs, ORVs, motorcycles, bicycles, ridden trail animals, snowmobiles, and other authorized off-highway vehicles—with Authority license for unspecified motor vehicles.
Violations include: using unapproved vehicles, entering closed trails, disobeying traffic devices, unauthorized road crossing, traveling off-trail, operating at night (from ½ hour after sunset to ½ hour before sunrise), unauthorised land/vehicle use, destruction of environment, and harassing wildlife.
Children under 16 must be supervised by an adult.
User permits are required for all – unless landowner/leaseholder permission is granted.
3. Drivers & Passengers (§ 204‑1‑4)
Operators of ATVs, UTVs, snowmobiles, motorcycles must meet minimum age and follow manufacturer guidelines. (casetext.com)
4. Enforcement (§ 204‑1‑10)
Structural breakdown:
4.1 Responsibility: Rangers, the Executive Director or designee enforce rules.
4.2 Criminal Violations:
Any rule violation is a misdemeanor per § 20‑14‑8.
Officers must file violation notices with court jurisdiction.
Disposition follows court processes. (regulations.justia.com)
4.3 Civil Violations:
Civil infractions (e.g., permit issues, safety violations) may lead to $100 civil penalties.
Cited by Authority rangers; funds go to the Authority. (regulations.justia.com)
5. Underlying State Statute (§ § 20‑14‑8)
Notable mandates from state statute:
Permit requirement: Must have valid, non-transferable user permit to enter trails.
Alcohol ban and prohibition of glass containers.
Helmet mandates: Operators/passengers must wear ANSI/DOT/Snell certified helmets.
Trail restrictions: Stay on designated trails; nighttime use prohibited.
Age/safety rules: Minors must be supervised; fire only at designated sites; racing only in sanctioned events; seatbelts required on UTVs.
Penalties: Violations (except off-trail) misdemeanor, max fine $100; off-trail fine $1,000 (up to $2,000 if property damage occurs). (code.wvlegislature.gov, wvlegislature.gov, regulations.justia.com)
✅ Summary Table
| Category | Key Highlights |
|---|---|
| Scope/Authority | Applies across Hatfield‑McCoy area; effective July 2013 |
| General Use Rules | Permitted vehicles, permit requirement, no off-trail/night use, supervision of minors |
| Vehicle/Age Rules | Age limits per manufacturer, helmets required, seatbelts in UTVs |
| Enforcement | Rangers & director enforce; violations can be criminal or civil |
| Penalties | Misdemeanor for major violations, civil fines for minor infractions |
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