W. Va. C.S.R. § 87-1-1 et seq. § §87-1-9
Executive Order by the Governor on Open Burning
Operative Text
§ 87-1-9. Executive Order by the Governor on Open Burning.
9.1. On those occasions when the Governor of the State issues an Executive Order or Proclamation to
ban open burning due to weather conditions, the State Fire Marshal may assist in the enforcement of the
provisions of the Proclamation or Executive Order.Under W. Va. C.S.R. § 87-1-9, when the Governor of West Virginia issues an Executive Order or Proclamation banning open burning because of weather conditions, the State Fire Marshal is authorized to help enforce that ban. This provision does not itself impose a permanent prohibition on open burning; rather, it establishes a mechanism for the State Fire Marshal to step in during declared emergencies. The scope and duration of any such ban are determined by the Governor's specific order or proclamation.
Plain English — not legal advice.
Property owners and managers in West Virginia should be aware that under § 87-1-9, a gubernatorial Executive Order or Proclamation can temporarily prohibit open burning statewide, and the State Fire Marshal may actively participate in enforcing that prohibition. Compliant operators typically monitor official state communications for any active proclamations before conducting or permitting any open burning on their properties. Maintaining awareness of these temporary bans helps avoid potential violations during weather-related emergencies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in West Virginia should know that § 87-1-9 gives the State Fire Marshal authority to enforce open-burning bans declared by the Governor, which can affect activities on rental properties during certain weather conditions. If a tenant believes open burning is occurring in violation of an active Executive Order or Proclamation, general enforcement paths include contacting the State Fire Marshal's office or local fire authorities. Tenant-rights organizations may also be able to provide guidance on how such orders interact with lease terms or habitability concerns.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation