Although discouraged by the New Martinsville Fire Department, outdoor burning is legal both within the New Martinsville corporate limits and the outlying county areas.  The rules for the different jurisdictions are listed below.

OUTDOOR BURNING AND BURNING PERMITS WITHIN CITY LIMITS

The main objective of every fire department is the prevention of fires, for this reason the New Martinsville Fire Department discourages the burning of yard debris.  For those who wish to dispose of these debris by burning, there are some basic guidelines to follow:

When Burning yard debris within the New Martinsville “Corporate Limits”, you must have a “burning permit”.  To obtain a burning permit you must call the Police department during normal business hours (8:00 AM – 4:00 PM) and advise the dispatcher that you wish to have a burning permit.  Your request will be forwarded to the Fire Department and the Fire Chief will contact you to do a site review prior to issuing a permit.  The permit is valid only under the conditions prescribed by ordinance or law by the Fire Chief relating to time, weather, burning specifications, firebreaks, and staffing requirements.  The Permit does not relieve the user of any legal responsibility for the safe use of fire or allow burning to be done in violation of any State law, County ordinance, or local regulations restricting or regulating the use of fire.  The permit may be temporarily NULL AND VOID during suspension of burning by the Governor, Mayor or Fire Chief or their authorized representatives. 

Any person who violates the terms or conditions of this Permit may be cited as such.  The expense of responses to and suppression of any emergency incident that is the result of a violation of this Permit may be charged to the Responsible Party whose violation caused the response of equipment and personnel.

 Permittee, upon acceptance of a burning permit, agrees to the following conditions:  

 _____1.          Before burning, call the Police Department at 455-9100.

_____2.         Regular burn hours are 5 PM until 7 AM.  Responsible party shall supervise the burning material until the fire has been completely extinguished.  Hours and Permits may be subject to change.

_____3.          Burning of clean natural, forest, or yard debris is permitted.  Burning of household trash, treated wood, lumber, poison Ivy/Oak, or other manufactured or toxic material is prohibited!

_____4.          Burn only if the wind is blowing 10 mph or less.  Burn only those materials that would not cause noxious odors or a large amount of smoke. (NO Plastics)

_____5.          Conduct open burning at least 50 feet from any structure or other combustible material.  Conditions that could cause the fire to spread to within 50 feet of a structure shall be eliminated prior to ignition.

_____6.         Burn piles shall be kept no more than 3 feet in diameter, 2 foot high and not less than 50 feet from structures or other combustibles.

_____7.          Burn barrels are prohibited!

_____8.         A garden hose connected to a water supply and other approved fire-extinguishing equipment such as shovels and rakes shall be readily available for use at all burn sites. 

_____9.          Open burning shall only be allowed on properties of a size large enough to accommodate the activity.

WEST VIRGINIA FOREST FIRE LAWS

The periods of each year between March 1 and May 31, inclusive, and October 1 and December 31, inclusive, are hereby designated as Forest Fire Seasons.

No person shall during ANY such fire season, except between the hours of 4:00 p.m. and 7:00 a.m. prevailing time, set on fire or cause to be set on fire any forest land, or any grass, grain, stubble, slash, debris, or other inflammable materials. Any fire set during this time shall be extinguished prior to 7:00 a.m. prevailing time. Such prohibition of fires between 7:00 a.m. and 4:00 p.m. prevailing time shall not be construed to include (1) small fires set for the purpose of food preparation, or providing light or warmth around which all grass, brush, stubble, or other debris has been removed for a distance of ten feet from the fire, and (2) burning which may be conducted at any time when the ground surrounding the burning site is covered by one inch or more of snow.

No burning may be done unless all inflammable material has been removed from around the material to be burned as a safety strip for a distance which insures that the fire will not escape and which is not less than 10 feet. If fire escapes beyond the safety strip, the person responsible shall be guilty of misdemeanor.

  Before leaving ANY fire for ANY period of time, it must be totally extinguished.

  Commercial permits to burn during the prohibited periods may be issued by the Division of Forestry.

  All sawmills, power shovels, or an engine or machine capable of throwing sparks must be provided with an adequate spark arrestor if operating on land subject to fire by any cause.

  All inflammable waste disposal areas on ANY land must annually have removed all grass, brush, debris and other inflammable material adjacent to such disposal areas to provide adequate protection to prevent the escape of fire to adjacent lands.

  The State shall recover from the person or persons, firms or corporations whose negligence or whose violations of any provisions of this article cause ANY fire at ANY time on any grass or forest land the amount expended by the State.

  A landowner must take all practicable means to suppress ANY fire on his property. If he fails to do so, the State shall collect form him the amounts expended by the State for such purposes.

WV Division of Forestry
1900 Kanawha Blvd., E.
Charleston WV 25305-1080
(304) 558-2788/Fax (304) 558-0143

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Last modified: 04/23/10