SB 404 — Relating generally to sediment control during commercial timber harvesting operations

NEWS RELEASES HELPFUL LINKS EnrolledSB404 VersionSUB1 - Final Version « Senate Bill 404 History OTHER VERSIONS  —  CommitteeEnrolled SubstituteVersion (1)- Final Version  |  Introduced Version  |   |  Email Key:

Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 404 Senators Sypolt and Boso, original sponsors [Passed[Originating Marchin 7,the 2019;Committee on Natural Resources;

inReported effecton 90February days8, from2019] passage]     ANA ACTBILL to amend and reenact §19-1B-4, §19-1B-6, §19-1B-7, §19-1B-10, and §19-1B-12a of the Code of West Virginia, 1931, as amended, all relating generally to sediment control during commercial timber harvesting operations;

— A person who severs or removes, or hires or contracts with another to sever or remove, standing trees from his or her own land is exempted from the timbering operations licensure requirement of this section during any calendar year in which all trees severed or removed by or for this owner have an aggregate stumpage value that does not exceed $15,528 on behalf of the owner of record has a total gross sales value received by the exemption holder of less than $52,000.  A person hired or contracted to sever or remove standing trees from the land of another is exempted from the timbering operations licensure requirement of this section during any calendar year in which all trees severed or removed by the hired or contracted person have an aggregate stumpage value that does not exceed $15,528 has a total gross sales value received by the exemption holder of less than $52,000.

A person hired or contracted to sever or remove standing trees from the land of another is exempted from the timbering operations licensure requirement of this section during any calendar year in which all trees severed or removed by the hired or contracted person has a total gross sales value received by the exemption holder of less than $52,000.

(b) The notification shall be made within at least three days of the beginning of the before the start of the operation.

The certified logger shall attend a training program every four years after certification a total of six hours of training every two years prior to recertification.

Any person having an interest which is or may be adversely affected by any order of the director may file an appeal in accordance with the provisions of §19-1B-11 of this code.  Any person or entity aggrieved by an order issued under the provisions of §19-1B-5(b) or §19-1B-5(c) of this code may file an appeal under the provisions of §19-1B-11 of this code.

Any person or entity aggrieved by an order issued under the provisions of §19-1B-5(b) or §19-1B-5(c) of this code may file an appeal under the provisions of §19-1B-11 of this code.

of this code. code.    §19-1B-12a.§19-1B-12a.

(3) Conduct a timbering operation in this state that is not supervised by a certified logger who holds a valid certificate from the Director of the Division of Forestry, as required by §19-1B-7 of this code;code.

— A person that violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not less than $250 nor more than $500 for each violation A person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, shall be:

(3) fined not less than $1,000 nor more than $5,000, or confined in jail not more than 30 days, or both, for a third or subsequent offense.offense.  In addition to fines and costs, a person or entity convicted of a violation of this section shall pay a $500 civil penalty to the division within 60 days.

In addition to fines and costs, a person or entity convicted of a violation of this section shall pay a $500 civil penalty to the division within 60 days.

(1) Any forester;forester:

  BillNOTE: Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.

The purpose of this bill is to alter certain sediment control requirements during commercial timber harvesting operations.

The bill increases the threshold amount before a logger must follow certain licensing requirements regarding sediment control.

The bill requires the logger to notify the Director of the Division of Forestry at least three days before timbering begins.

The bill requires certain training requirements prior to recertification of certified loggers.

The bill provides for appeals.

The bill increases criminal penalties.

The bill removes certain limitations on issuing citations and powers of arrest.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

    Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.