State Codes and Statutes

State Codes and Statutes

Statutes > West-virginia > 19 > 19-1b-4

§19-1B-4. Timbering license required; requirement for license; exemption; annual fee; rules.
(a) No person may conduct timbering operations, purchase timber or buy logs for resale until he or she has obtained the license pursuant to this article from the division and met all other requirements pertaining to his or her timbering operation or other wood product business contained in this article: Provided, That 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 specifically 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 fifteen thousand five hundred twenty-eight dollars: Provided, however, That a person hired or contracted to sever or remove standing trees from the land of another is specifically exempted from the timbering operations licensure requirement of this section during any calendar year in which all trees severed or removed by this hired or contracted person have an aggregate stumpage value that does not exceed fifteen thousand five hundred twenty-eight dollars.

(b) An applicant for a license shall submit an application on a form to be designed and provided by the director. A fee of fifty dollars shall be submitted with each application and with each annual renewal of the license. The application shall, at a minimum, contain the following information:

(1) Name, address and telephone number of the applicant and if the applicant is a business entity other than a sole proprietor, the names and addresses of the principals, officers and resident agent of the business entity;

(2) The applicant's West Virginia business registration number or a copy of the current West Virginia business registration certificate. The division of forestry shall submit this information and a list of all applicants to the tax commissioner each quarter of the calendar year to ensure compliance with payment of severance, income withholding and all other applicable state taxes; and

(3) Any other information required by the director.

(c) The director shall promulgate legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code which provide procedures by which a license may be acquired, suspended or revoked under this article. The Legislature expressly finds that these legislative rules are the proper subject of emergency legislative rules which may be promulgated in accordance with the provision of section fifteen, article three, section twenty-nine-a of this code.

(d) The director shall prescribe a form providing the contents and manner of posting notice at the timbering operation. The notice shall include, at a minimum, the operator's name and license number.