FISCAL NOTE
Date Requested: February 05, 2026
Time Requested: 04:46 PM |
| Agency: |
Natural Resources, WV Division of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 3735 |
Introduced |
SB770 |
|
|---|
| CBD Subject: |
Natural Resources |
|---|
|
FUND(S):
0265, 8707
Sources of Revenue:
Special Fund
Legislation creates:
Creates New Fund: The Off-Highway Motor Vehicle Recreation Program Fund
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
The purpose of this bill is to establish the Off-Highway Motor Vehicle Recreation Act, create the West Virginia Off-Highway Motor Vehicle Recreation Commission, and a new Off-Highway Motor Vehicle Recreation Program Fund.
SB 770 would establish a nine-member commission, within the WVDNR, to oversee and provide guidance on the administration of the West Virginia Off-Highway Motor Vehicle Recreation Program. The Commission will require three full-time administrative employees to support Commission functions including the administration of off-highway vehicle registrations and permits, and the administration of grants to local and private landowners. Additionally, the bill would require the creation of an Administrative Penalties Section within the WVDNR and the establishment of a mechanism to collect fines. As WVDNR's current software systems could not support permit sales for this program, a software package would need to be purchased and maintained to track permit issuances.
This bill would also require the design and construction of purpose-built trails for off-highway vehicles on public lands at state parks. An additional 24 Natural Resources Police Officers would be needed to provide oversight and enforcement for trails located at state parks. It also includes one-time costs associated with the purchase and upfitting of 24 police vehicles and the installation of appropriate wayfinding signage at state parks.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2026
Increase/Decrease
(use"-") |
2027
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
0 |
15,414,780 |
| Personal Services |
0 |
196,500 |
2,913,000 |
| Current Expenses |
0 |
0 |
210,000 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
1,716,000 |
| Other |
0 |
1,890,000 |
10,575,780 |
| 2. Estimated Total Revenues |
0 |
0 |
1,177,634,934 |
Explanation of above estimates (including long-range effect):
West Virginia Off-Highway Motor Vehicle Recreation Commission
The seven-member Natural Resources Commission has annual expenses totaling $70,000. Based upon the average expenses per member, we estimate the following costs annually for the nine-member West Virginia Off-Highway Motor Vehicle Recreation Commission:
Fiscal Year (Full
2027 Implementation)
9 members @ $10,000/member $90,000.00 $90,000.00
Administrative Staff – $196,500.00 $196,500.00
3 full time @ $65,500.00
Totals $286,500.00 $286,500.00
Law Enforcement
The current cost of providing oversight and enforcement at the Hatfield McCoy Trail was the basis used for the calculation of the following estimate relating oversight and enforcement at newly established trails within state parks:
2027 Fiscal Year (Full Implementation)
Personal Services & Employee Benefits:
NRPOs (4 per district x 6 districts) $0.00 $2,520,000.00
@ $105,000.00
Administrative Staff – $0.00 $196,500.00
3 full time @ $65,500.00
Current Expenses – $0.00 $210,000.00
6 districts @ $35,000.00
Police vehicle – purchase $0.00 $1,716,000.00
and upfitting for 24 @ $71,500.00
Totals $0.00 $4,642,500.00
Public Land Trails
The cost per mile to design and build mountain bike trails at Cacapon Resort State Park was $90,000 per mile for 42 miles of trail. We anticipate that purpose-built trails for off-highway vehicles would require approximately double the width of the mountain bike trails that were constructed. Although we are unable to calculate the total cost of off-highway vehicle trails on public lands at state parks without knowing the total number of miles of trail that could be built, we estimate that such trails would cost $180,000 per mile to design and build. Trail construction is estimated to take four years from architectural and engineering to completion.
For 100 miles of trail @ $180,000.00 – Total $18,000,000.00
2027 – 10% completion - Architectural & Engineering $1,800,000.00
2028 – 47% completion $8,460,000.00
2029 – 25% completion $4,500,000.00
2030 – 18% completion $3,240,000.00
New signage was recently installed at the Little Canaan WMA (a DNR property) at a cost of $62,526. We estimate that 30 state parks could require new signage totaling approximately $1,875,780.00.
Grants for Local and Private Landowners
As we don’t have information regarding state and federal funding or private donations and sponsorships that may become available for grants, we are unable to provide an estimate.
Annual Penalty Revenues
The current number of prosecutions for violations at the Hatfield McCoy Trail, which is located in DNR District 4, was the basis used for the calculation of the following estimates:
SFY2025 District 4 Prosecutions 164
% of District 4 Prosecutions attributed to Hatfield McCoy 20%
Estimated prosecutions per district 33
Average penalty ($25 + $50 + $100)/3 $58.33
Total penalties per district $1,924.89
Total annual penalties for 6 DNR Districts $11,549.34
Trail Permits
The following is based upon the annual issuance and cost of WV resident and Non-Resident permits for the Hatfield McCoy Trails. We estimate that permit sales for Off-Highway Vehicle trails at State Parks could be double Hatfield McCoy’s ridership of 95,000 per year.
WV resident permits – 8% of total 15,200 @ $26.50 $402,800.00
Non-Resident permits – 92% of total 174,800 @ $65.00 $11,362,000.00
Total Estimated Annual Permit Revenues $11,764,800.00
We estimate that a permitting software package to track permit issuances would require an initial investment of $150,000.00 and annual system license and maintenance costs of $50,000, thereafter.
Memorandum
West Virginia Division of Motor Vehicles would need to provide a Fiscal Note for Off Highway Vehicle registrations, licenses, and license suspensions.
Currently, no funding is available for this program.
This bill would need to include WVDNR authority to promulgate rules.
For additional information concerning this fiscal note, please contact:
Wendy Greene, Deputy Director
West Virginia Division of Natural Resources
112 California Avenue
Charleston, West Virginia 25305
304-558-2754
Wendy.L.Greene@wv.gov
Person submitting Fiscal Note: Benjamin P King
Email Address: benjamin.p.king@wv.gov