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West Virginia law

Environmental Laws in West Virginia.

West Virginia environmental law is administered principally by the West Virginia Department of Environmental Protection (WVDEP) under authority of Chapter 22 of the West Virginia Code. West Virginia's distinctive environmental-law landscape reflects its coal, natural gas, and chemical industries: the Surface Mining Control and Reclamation Act (federal SMCRA is administered via the West Virginia Surface Coal Mining and Reclamation Act, W. Va. Code § 22-3), the West Virginia Water Pollution Control Act (W. Va. Code § 22-11), and the Horizontal Well Control Act (W. Va. Code § 22-6A).

Last verified: 2026-04-20

State law

Key West Virginia Statutes

West Virginia Surface Coal Mining and Reclamation ActW. Va. Code § 22-3

West Virginia's principal surface-mining statute, implementing federal SMCRA. Governs permitting, bonding, and reclamation of surface coal-mining operations.

West Virginia Water Pollution Control ActW. Va. Code § 22-11

West Virginia's principal water-pollution-control statute — administered by WVDEP.

Horizontal Well Control ActW. Va. Code § 22-6A

Regulates horizontal drilling (hydraulic fracturing) operations — central to West Virginia's Marcellus Shale and Utica Shale gas practice.

Aboveground Storage Tank ActW. Va. Code § 22-30

Enacted in 2014 following the Charleston water-contamination crisis, requires registration and inspection of aboveground storage tanks near public-water intakes.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in West Virginia.

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