25. WEST VIRGINIA DOG LAW
Unrestrained dogs are a nuisance and a source of
property damage for farmers, and a nuisance to many
urban families.
West Virginia Farm Bureau generally supports the
present Dog Law, but believes the law needs to be
more strictly enforced.
We recommend the Dog Law be amended as
follows:
• County commissions shall pay all claims for
livestock and poultry losses that exceed the
dog fund. Excess money would be paid from
the general revenue fund
light ordinances, dilapidated building
ordinances, and other nuisance ordinances
• Establish a disclosure provision whereby the
seller or his/her agent and the county clerk
are required to notify potential buyers of the
property of this right to farm ordinance
• Exempt agriculture from zoning restrictions
and other regulatory tools that may interfere
with generally accepted agriculture
management practices
27. PROTECTING THE HEALTH AND
WELFARE OF AGRICULTURAL LIVESTOCK
• A leash law be put into effect for the period of
West Virginia Farm Bureau supports the
March 1 to May 30 of each year during which
establishment of a livestock committee in each
time dogs must be tied unless accompanied
county to handle complaints of inhumane livestock
and controlled by their owners
treatment. The committee will be appointed by the
• Agriculture or livestock dogs should be exempt county commission from recognized farmers within
the county.
from leash law ordinances provided they
When, during the course of an investigation, the
are actively herding or guarding livestock or
county
humane officer (CHO) finds livestock in dire
performing other farm-related activities
condition, he/she will contact a licensed veterinarian
• All animal shelters must scan dogs for
for further examination. Upon the veterinarian’s
microchips prior to adoption or euthanizing.
opinion that the animal(s) are at imminent risk, the
County commissions shall provide scanners to CHO will immediately notify the county commission
each shelter
of the situation. Further action by the CHO will occur
only at the direction of the county commission and the
26. RIGHT TO FARM ORDINANCE
county livestock committee.
One of the greatest assets of West Virginia is
the vast farmland and timberland. The aesthetically
28. TIMBER THEFT AND SUBSEQUENT
appealing landscape has attracted many new residents.
COSTS
Increasingly, many new residents are not accustomed
West Virginia Farm Bureau believes that expenses
to agriculture management practices. On occasion,
incurred
from timber theft or trespass should include
these residents have objected to, and in some cases
but not be limited to fence repair or replacement cost;
initiated lawsuits against, the management practices
total survey costs; attorney fees and court costs and
responsible for the pristine landscape that attracted
replacement cost of timber (3x value of timber in
them to the area. Therefore, West Virginia Farm
question).
Bureau supports the State of West Virginia and any
county that wishes to have a Right to Farm Ordinance,
29. AQUACULTURE IN WEST VIRGINIA
which shall:
Currently in West Virginia, aquaculture is a
• Create a legal presumption that agriculture
small
industry with gross sales of approximately
management practices are not a nuisance and
one million dollars per year. West Virginia could
are an expected part of the quiet enjoyment of
experience growth to a potential of ten million dollars
property
in gross sales. Current impediments to growth are
• Protect agriculture from nuisance lawsuits
an inadequate and confusing flow of information
and or/complaints against generally accepted
from lawmakers, governmental agencies and other
management practices
organizations.
The poor flow of information impedes the start-up
• Exempt agriculture from noise ordinances,
and expansion of aquaculture operations. Inadequate
West Virginia Farm Bureau News 13