West Virginia Code of State Rules Agency 205 - Outdoor Heritage Conservation Fund
West Virginia Code of State Rules — Agency 205: Outdoor Heritage Conservation Fund
1. Purpose of Agency 205
Agency 205 governs the Outdoor Heritage Conservation Fund (OHCF) in West Virginia. Its main goals are:
Conserve land important for wildlife, recreation, and natural resources.
Promote stewardship of public and private conservation lands.
Provide grants and funding for conservation projects.
The agency implements the statutory authority given by the Voluntary Rural & Outdoor Heritage Conservation Act (W. Va. Code § 5B‑2G).
2. Statutory Foundation (W. Va. Code § 5B‑2G)
The statute establishes:
Outdoor Heritage Conservation Fund (OHCF): A perpetual fund for conservation purposes.
Board of Trustees: 11 members drawn from state agencies, conservation groups, and the public.
Board Powers: Acquire or accept property interests, award grants, contract for projects, and pursue funding.
Board Duties:
Disseminate information on grants
Establish grant application processes
Report annually on fund activity
The Board must adopt rules to implement the statute, including grant procedures, evaluation criteria, and stewardship obligations.
3. Key Provisions of Agency 205
A. Grant Availability
Grants may be requested for:
Acquisition of land or conservation easements
Stewardship and maintenance of conserved lands
Appraisals, surveys, and other acquisition costs
Grants are contingent on fund availability, and the Board may adjust amounts if funds are reduced.
Public notice must be given at least 60 days before application deadlines.
B. Competitive Grant Application Process
Grants are awarded through competitive cycles.
Applications must include:
Detailed project description
Property ownership information
Financial and stewardship plans
Applicants must provide evidence of landowner consent and a plan for maintaining conservation values.
The Board may request additional information to evaluate applications.
C. Review, Evaluation, and Award
Applications are reviewed for completeness and eligibility.
Eligible projects are ranked and prioritized based on:
Conservation value
Public benefit
Financial feasibility
The Board may:
Approve, defer, or deny applications
Adjust grant amounts
Notice of approval or denial is given within 30 days of Board action.
D. Acquisition and Management of Real Property
The Board may:
Purchase or accept donations of property
Hold or transfer conservation easements or fee-simple interests
Partner with public or private entities to manage lands
Transfers must align with conservation objectives, and the Board ensures proper stewardship.
E. Stewardship and Compliance
Recipients of grants must report on land management and use.
The Board monitors compliance with conservation goals and grant conditions.
Failure to comply may result in recovery of funds or termination of agreements.
4. Case Law Context
There is limited direct case law interpreting Agency 205, but some related principles have emerged from conservation funding and environmental law in West Virginia:
Contracts and Agreements: Courts treat conservation agreements, grants, and easements as binding contracts. Third-party transferees are bound only to the extent defined in agreements.
Administrative Deference: Courts generally defer to the Board’s expertise in awarding grants and evaluating conservation value, as long as decisions comply with statutory rules.
No Reported OHCF Appeals: Currently, no West Virginia appellate decisions directly challenge Agency 205 grants or procedures. Any future challenge would likely focus on:
Whether the Board followed statutory or procedural rules
Whether grant or acquisition decisions were arbitrary or exceeded authority
5. Summary Table: Statute vs. Rule
| Authority Source | Role |
|---|---|
| W. Va. Code § 5B‑2G | Creates the Fund, Board, powers, duties, and mandates rulemaking |
| Agency 205 (Rules) | Implements procedures for grants, evaluations, stewardship, acquisitions, and reporting |
Key Takeaways:
Agency 205 turns broad statutory authority into detailed procedures.
The Board manages both funding and land acquisition, ensuring conservation goals are met.
While rules are enforceable, there is little direct litigation, so the Board’s interpretations generally stand.
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