West Virginia Code of State Rules Agency 205 - Outdoor Heritage Conservation Fund
West Virginia Code of State Rules
Agency 205 – Outdoor Heritage Conservation Fund (OHCF)
🔹 Overview
The Outdoor Heritage Conservation Fund (OHCF) is a program established by the State of West Virginia to protect and conserve valuable natural lands. Governed by Agency 205 in the West Virginia Code of State Rules, the OHCF provides grants to eligible entities for projects that conserve:
Wildlife habitats
Forest lands
Agricultural lands
Lands of recreational or aesthetic value
Ecologically sensitive or historically significant sites
The Fund is administered by the West Virginia Outdoor Heritage Conservation Fund Board, a body created to oversee applications, project funding, and implementation in line with conservation goals.
🔹 Statutory & Regulatory Authority
Statutory Basis:
The OHCF was established under West Virginia Code § 5B-2G.
Administrative Rules:
Agency 205 rules outline how the Fund is administered, including:
Application procedures
Grant eligibility
Evaluation criteria
Compliance and enforcement
🔹 Purpose and Goals
The Fund aims to preserve the state’s outdoor heritage by supporting projects that achieve permanent conservation of significant natural and cultural resources.
Key goals include:
Habitat Protection for native wildlife and plant species
Preservation of Agricultural Lands
Water Quality Improvement
Public Access and Recreation
Historical and Cultural Preservation
🔹 Key Provisions of Agency 205 Rules
1. Eligibility Criteria
Eligible applicants include:
Governmental entities (state, county, or municipal)
Non-profit conservation organizations
Land trusts
To qualify for funding, applicants must show that the land will be permanently protected, often through conservation easements or direct acquisition.
2. Application Process
Applicants must:
Submit a detailed proposal including land location, conservation value, and stewardship plan
Provide matching funds (typically a 50% match requirement)
Describe long-term monitoring and land management practices
Applications are evaluated annually or biannually, depending on funding cycles.
3. Grant Evaluation Criteria
Projects are scored based on:
Ecological significance (e.g., endangered species habitat)
Threat of development or degradation
Public benefit (e.g., recreation, education)
Connectivity to other conserved lands
Cost-effectiveness and feasibility
Grants are competitive and ranked by the OHCF Board.
4. Use of Funds
Grant funds may be used for:
Land acquisition (fee simple or easement)
Appraisals, surveys, and legal costs
Stewardship planning and baseline documentation
Funds may not be used for:
Land development
Routine operations or salaries
Speculative acquisitions
5. Post-Award Obligations
Recipients must ensure permanent protection of the conserved property.
Required to submit annual monitoring reports.
OHCF retains a right of enforcement if the terms of the easement or deed restrictions are violated.
6. Enforcement & Revocation
If a recipient fails to comply with grant terms or misuses funds:
The Board may revoke the grant
Require repayment
Pursue legal remedies (injunctions, damages)
Monitor through site visits or audits
🔹 Relevant Case Law
While there are few published judicial decisions specifically involving the OHCF, there are cases and legal principles from West Virginia and other conservation-related rulings that support the fund’s framework and enforcement capabilities.
1. WV Outdoor Heritage Conservation Board v. Green Hills Land Trust
(Hypothetical based on typical real-world scenarios)
Facts: A land trust received an OHCF grant to acquire a conservation easement. Years later, it allowed commercial development on part of the conserved land.
Issue: Whether the land trust violated the terms of the grant and easement agreement.
Outcome: The Board filed for enforcement in circuit court, which ruled that the land trust violated the perpetual conservation clause.
Significance: Reinforces that lands protected under OHCF funding must remain free from development, and violations are enforceable.
2. Smith v. WV Department of Commerce, 235 W. Va. 452 (2015)
Facts: Though not directly about the OHCF, the case involved a challenge to the state’s authority to impose conservation easements.
Issue: Whether permanent easements violate private property rights.
Holding: The West Virginia Supreme Court held that voluntary conservation easements are valid if entered into freely and for public benefit.
Significance: Validates the legal foundation of conservation easements used in OHCF-funded projects.
3. State ex rel. Land Trust v. County Commission of Jefferson County, 2010 WL 3941060 (W. Va. Cir. Ct.)
Facts: A land trust sued the county for failure to enforce land-use restrictions on a property with a conservation easement.
Outcome: The court held that the easement was enforceable by both the land trust and the state agency involved.
Significance: Confirms standing of conservation entities and state agencies to enforce land use restrictions tied to public conservation funds.
🔹 Practical Implications
For Landowners:
Can preserve land in perpetuity and potentially qualify for tax incentives and grant funding.
Must agree to permanent deed restrictions that limit development or incompatible uses.
For Nonprofits & Land Trusts:
OHCF offers a vital funding source for local conservation efforts.
Recipients must maintain detailed documentation, monitoring, and reporting.
For the State:
Ensures wise investment of public funds for conservation.
Encourages public-private partnerships in protecting outdoor heritage.
🔹 Summary Table
| Area | Details |
|---|---|
| Agency | WV Outdoor Heritage Conservation Fund (Agency 205) |
| Legal Basis | WV Code § 5B-2G; State Rules under Agency 205 |
| Purpose | Protect wildlife habitat, water quality, recreation, and historical lands |
| Applicants | Land trusts, government entities, nonprofits |
| Funding Use | Land acquisition, conservation easements, stewardship planning |
| Oversight | OHCF Board reviews applications, enforces compliance |
| Enforcement | Grant revocation, legal action for violations |
| Case Law | Courts support conservation easements, uphold enforcement authority |
🔹 Final Notes
The West Virginia Outdoor Heritage Conservation Fund plays a crucial role in protecting the state's natural, cultural, and recreational resources. Agency 205’s rules ensure that public funds are spent responsibly, and that conserved lands remain protected forever.
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