This bill amends West Virginia Code §61-3-2 to allow the burning of obsolete farm structures under specific conditions, while maintaining penalties for arson. The existing law outlines that any person who willfully and maliciously sets fire to a building or structure can be charged with second-degree arson, facing a prison sentence of one to ten years. The bill introduces new provisions that exempt owners of farm structures on agricultural land from arson penalties when burning obsolete, uninsured facilities, provided they follow certain procedures.

Under the new provisions, owners must submit a notarized letter of intent to burn the structure, which must be identified by its tax map parcel number, to both the county assessor and the local fire department at least seven days before the planned burn. The letter must clearly state that the structure is uninsured. Additionally, all relevant permitting requirements from the Department of Environmental Protection must be adhered to. This legislation aims to facilitate the safe disposal of obsolete farm structures while ensuring compliance with environmental regulations.

Statutes affected:
Introduced Version: 61-3-2