W. Va. Code R. § 204-1-3 - General Rules Governing Public Use of the Hatfield-McCoy Recreation Area

3.1. Facilities of the Hatfield-McCoy Recreation Area are open only to users who are in compliance with the rules set forth in this series and with the instructions of all traffic-control devices.

3.2. Subject to restrictions of particular trail widths as designated by traffic-control devices, trails are open to the following: Pedestrians, ATVs, UTVs, ORVs, motorcycles, bicycles, ridden trail animals, snowmobiles and other vehicles that are capable of off-highway operation on trails: provided, that the driver of such other vehicle has been issued a special utilization license by the Authority. The Executive Director shall have the authority to limit the size and power of any vehicle on any or all of the trails within the Hatfield McCoy Recreation Area.

3.3. It is unlawful and a violation for any person to enter or remain upon any trail with a type of vehicle or trail usage that is not specifically permitted by this section or without a special utilization license issued by the Authority.

3.4. Where a particular trail, segment of trail, or area is designated by traffic-control devices as closed to one or more classes of use, it is unlawful and a violation for any person to enter or remain on that trail, trail segment, or area in violation of those restrictions.

3.5. All traffic laws, traffic-control devices, and directions shall be strictly observed.

3.6. No person may operate an ATV, UTV, snowmobile, unlicensed ORV, or unlicensed motorcycle on any road or highway with a center line or more than two lanes within the Hatfield-McCoy enforcement area except for the purpose of crossing the road or highway at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing or as otherwise permitted by any state statute or local ordinance. An ATV, UTV, snowmobile, ORV, or motorcycle operator is permitted to cross the road or highway if:

3.6.a. The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;

3.6.b. The operator yields his or her right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and

3.6.c. Both the headlight and taillight are illuminated when the crossing is made if the vehicle is so equipped.

3.7. It is unlawful for any unauthorized person, motor vehicle or trail animal to go beyond a gate, cable, or other obstruction, or to proceed beyond any sign prohibiting such travel.

3.8. All persons shall at all times remain within and on a designated and marked trail or the trafficway.

3.9. Persons operating a vehicle or riding a trail animal may halt or park on the trail margin, provided that they are not more than ten feet from the edge of the trafficway.

3.10. Pedestrians and persons leading trail animals are permitted onto the trail fringe, not more than forty feet from the edge of the trafficway, when necessary.

3.11. No person, vehicle or trail animal is permitted:

3.11.a. Upon any private way, without the express permission of the person owning or controlling the private way;

3.11.b. Upon any way that is not designated or marked as trail of the Hatfield-McCoy Recreation Area, a public street or a highway; or

3.11.c. Upon any private land that is not designated and marked as a trail, trailhead center, or other appurtenant facility of the Hatfield-McCoy Recreation Area without the express permission of the owner or person controlling the private land.

3.12. Except in an emergency, no person shall be on any trail at any time from one half-hour after sunset until one half-hour before sunrise.

3.13. Every person, except a pedestrian, who is under 16 years of age shall at all times be under the immediate supervision of and within sight of a person who is at least 18 years of age and who either is a parent or guardian of the youth or has the express permission of a parent or guardian to supervise the youth.

3.14. No person operating a vehicle or riding a trail animal shall do so in any manner that intentionally creates an erosive condition or injures, damages, or destroys trees or plants.

3.15. No person operating a vehicle or riding a trail animal shall run down, pursue, harass, worry, or kill any bird or animal, wild or domestic: provided that nothing in this section shall be construed to prohibit lawful hunting activities carried out in compliance with West Virginia laws regulating such hunting.

3.16. No person shall throw or deposit any item or substance not biodegradable or not naturally occurring in the environment at any location except in a properly designated trash receptacle maintained by the Authority. Glass containers and bottles are forbidden.

3.17. Except at a clearly marked location designated by the Authority within a trailhead center or other appurtenant facility, no person shall ignite or maintain any campfire or bonfire.

3.18. Except at a clearly marked location designated by the Authority within a trailhead center or other appurtenant facility, no person shall camp, erect any tent or other camping equipment, or establish or maintain any site for purposes of an overnight stay.

3.19. No person shall consume any alcoholic beverage at any time or any location within the Hatfield-McCoy enforcement area nor shall any person transport or possess on any trail any alcoholic beverage in any container, sealed or unsealed, on their person or in or on their vehicle or trail animal within the Hatfield-McCoy enforcement area.

3.20. No person shall operate any vehicle within any lake, river, stream, or watercourse: provided that, the operation of a vehicle within standing or running water at a designated trail crossing is permitted to make a direct trail crossing or while within the boundaries of any water or play area established and designated by the Authority.

3.21. No person shall operate a vehicle or ride a trail animal in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance or climbing ability, exhibition of speed or acceleration, or for the purpose of making a speed record: provided that participants in a sanctioned competitive event held under a special utilization license issued by the Authority may be exempted by the terms of the special utilization license from the requirements of this subsection.

3.22. No person shall cut, deface, destroy, or drive any object into any tree, shrub, rock, traffic-control device, sign, building or other structure or object in the Hatfield-McCoy enforcement area.

3.23. No person shall remove any man-made or natural object, material, substance, plant, animal or historical or archeological relic or artifact from the Hatfield-McCoy enforcement area, except those legally acquired through hunting and fishing in accordance with W. Va. Code § 20-2-1 et seq. or upon proper authorization in writing by the Authority.

3.24. No person shall enter or remain on any trail, trailhead center, or other appurtenant facility of the Hatfield-McCoy Recreation Area without valid user permit issued by the Authority pursuant to § 204-1-6 of this rule [User Permits and Identification] or without the permission of a landowner or leaseholder.

Notes

W. Va. Code R. § 204-1-3