West Virginia Code of State Rules Agency 22 - Forestry
Here’s an improved overview of West Virginia Code of State Rules – Agency 22: Forestry (Title 22), which governs forest-related activities under the Division of Forestry:
🌲 Agency 22 – Title 22: Division of Forestry
📋 Series Overview (Active Legislative Rules)
According to the West Virginia Secretary of State’s Code of State Rules, the active series under Agency 22 include (apps.sos.wv.gov):
Series 22‑01 – Ginseng Regulations (§22‑1‑1 to §22‑1‑13)
Governs permitting, digging, selling, and possession of ginseng (law.cornell.edu, code.wvlegislature.gov).
Series 22‑02 – Sediment Control During Commercial Timber‑Harvesting – Licensing (§22‑2‑1 to §22‑2‑7)
Details licensing criteria to prevent sedimentation in logging operations (law.cornell.edu, wvforestry.com).
Series 22‑03 – Sediment Control During Commercial Timber‑Harvesting – Logger Certification (§22‑3‑1 to §22‑3‑8)
Specifies certification requirements for loggers to ensure proper sediment control (law.cornell.edu, apps.sos.wv.gov).
Series 22‑04 – Rules on Freedom of Information Act Requests (§22‑4‑1 to §22‑4‑11)
Outlines public records access procedures and denial rules (e.g., must respond within 5 working days, state reasons for denial) (regulations.justia.com).
Series 22‑05 – Procedures for the Forest Legacy Program (§22‑5‑1 to §22‑5‑12)
Covers protocols for applying and managing conservation easements under the Forest Legacy Program (regulations.justia.com, apps.sos.wv.gov).
⚖️ Purpose & Authority
The Division of Forestry enforces laws on forest management, fire protection, ginseng regulation, and erosion control under WV Code §19‑1A and §19‑1B (code.wvlegislature.gov).
Provisions are legislatively mandated to conserve forest resources and public well‑being.
🔍 Series Highlights
Ginseng (22‑01): Regulated under WV Code §19‑1A‑3 — covers cultivation, digging permits, and sale restrictions to manage wild ginseng harvesting (code.wvlegislature.gov).
Sediment Control (22‑02 & 22‑03): Implements licensing and certification for commercial logging aimed at minimizing sediment runoff into waterways.
Certifications updated as recently as March 2024 (apps.sos.wv.gov).
FOIA Policy (22‑04): Sets rules for public records, including definitions, response times, exemptions, and partial disclosures.
Section 22‑4‑8 specifies conditions for denial (e.g., information not existing or exempt) and requires a response within 5 working days (regulations.justia.com).
Forest Legacy Program (22‑05): Manages conservation easements through application procedures and easement monitoring.
✅ How This Is Used
These rules are integral for:
Foresters & loggers – complying with licensing, certifications, and erosion control protocols.
Conservation groups & landowners – understanding easements and public records access.
General public – obtaining information via FOIA, digging permits, and ginseng harvesting.
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