West Virginia Code of State Rules Agency 204 - Hatfield-McCoy Regional Recreation Authority
West Virginia Code of State Rules — Agency 204: Hatfield-McCoy Regional Recreation Authority
1. Overview
Agency 204 establishes rules for the Hatfield-McCoy Regional Recreation Authority (HMRRA), which manages a large trail system in southern West Virginia. This system is used for:
Off-Highway Vehicles (OHVs), ATVs, UTVs, motorcycles
Hiking and biking
Special events on designated trails
The purpose of the rules is to:
Protect public safety and property
Ensure responsible use of trails
Maintain recreational enjoyment
The rules are authorized by West Virginia Code §20-14-1 et seq., which creates the Authority as a public corporation.
2. Scope and Authority (Rule 204-1-1)
Applies to all trails and facilities under the Authority’s control.
Covers adjacent land included in the enforcement area.
Does not apply to public highways outside the Authority’s control.
The Authority can adopt rules to enforce safety, regulate trail use, and issue permits.
3. Key Definitions (Rule 204-1-2)
| Term | Meaning |
|---|---|
| Authority | Hatfield-McCoy Regional Recreation Authority |
| Recreation Area | Trails and facilities under Authority control |
| Ranger | Law enforcement officer authorized by the Authority |
| User Permit | License or authorization required to use trails |
These definitions ensure clarity for enforcement and users.
4. General Rules for Public Use (Rule 204-1-3)
Permitted Activities
Use trails only as designated and in compliance with rules.
Vehicles allowed include ATVs, UTVs, motorcycles, bicycles, and pedestrians when permitted.
Prohibited Activities
Using vehicles not allowed on the trails or without a permit.
Leaving trails or entering closed areas.
Racing, exhibitions, or events without a special license.
Littering, using glass containers, or lighting fires outside designated areas.
Operating vehicles at night without proper authorization.
Safety Requirements
Helmets for minors and other protective gear may be required.
Users under 16 must be supervised by an adult.
Crossing public roads must be brief and safe.
5. User Permits (Rule 204-1-6)
All users must have a valid permit unless exempt (e.g., landowners, emergency personnel).
Permits must be carried and produced upon request.
Misuse or counterfeiting of permits is prohibited.
Identification (photo ID) is required for users 16 or older.
6. Special Utilization Licenses (Rule 204-1-8)
These allow special activities not normally permitted.
Issued at the Authority’s discretion, based on safety, trail conditions, and impact on other users.
Conditions may include time restrictions, route limitations, insurance, and supervision.
7. Revocation of Permits (Rule 204-1-7)
A user permit can be revoked if a person:
Commits a criminal offense on the trails (e.g., DUI, trespassing)
Violates major rules or engages in unsafe behavior
Revocation:
Prevents future use of trails until conditions are met or expiration occurs.
Notice of revocation is sent to the user.
8. Enforcement (Rule 204-1-10)
Rangers and authorized staff enforce rules.
Violations may be criminal or civil:
Criminal violations: misdemeanor charges under West Virginia Code §20-14-8
Civil violations: fines for minor offenses such as permit issues or safety infractions
Enforcement ensures safety, property protection, and rule compliance.
9. Relationship to Statute
The rules are based on Chapter 20, Article 14 of the West Virginia Code:
Statute creates the Authority, defines powers, and establishes penalties.
Rules provide operational details: trail use, permits, licenses, revocations, and enforcement.
This dual system ensures that users are protected, rules are enforceable, and the Authority operates legally.
10. Case Law Context
There is no widely reported appellate case directly interpreting Agency 204 rules, but relevant legal principles include:
Permit enforcement: Courts generally uphold revocation or fines if rules are clearly stated.
Criminal violations: Convictions under WV Code §20-14-8 for offenses like trespassing or DUI on trails.
Public agency responsibilities: The Authority, as a public corporation, must follow state ethics, procurement, and employment rules.
Most disputes occur in magistrate or circuit courts over minor criminal offenses, permit revocations, or liability from accidents on the trails.
11. Summary
Agency 204 establishes a legal and operational framework for the Hatfield-McCoy Recreation Area:
Defines the scope of the trails and who may use them
Sets safety and conduct rules
Requires permits for most users
Provides enforcement authority and penalties
Aligns with state law under WV Code §20-14-1 et seq.
The rules balance recreational freedom with safety and legal compliance.
RELATED Blog
comments