Camping ban on certain public property.

HB 5319 Text

skip navigation

SENATE

PRESIDENT

SENATORS

COMMITTEES

VIDEO/AUDIO

DISTRICT MAPS

SENATE CLERK

SENATE RULES

HOUSE

SPEAKER

DELEGATES

COMMITTEES

VIDEO/AUDIO

DISTRICT MAPS

HOUSE CLERK

HOUSE RULES

HOUSE STAFF

JOINT

INTERIM COMMITTEES

LEGISLATIVE ADMINISTRATOR

LEGISLATIVE SERVICES DIVISION

PUBLIC INFORMATION

LEGISLATIVE AUTOMATED SYSTEMS DIVISION

LEGISLATIVE AUDITOR'S OFFICE

PERFORMANCE EVALUATION & RESEARCH DIVISION

POST AUDIT DIVISION

BUDGET DIVISION

REGULATORY AND FISCAL AFFAIRS DIVISION

CLAIMS COMMISSION

CRIME VICTIMS

RULE-MAKING REVIEW

SPECIAL INVESTIGATIONS

JUDICIAL COMP. COMMISSION

JOINT RULES

STAFF INFO

BILL STATUS

BILL STATUS

BILL TRACKING

STATE LAW

WEST VIRGINIA CODE

ACTS OF THE LEGISLATURE

CODE OF 1931

WV CONSTITUTION

US CONSTITUTION

REPORTS

AGENCY REPORTS

AGENCY GRANT AWARDS

PERFORMANCE EVALUATIONS

POST AUDITS

EDUCATIONAL

CITIZEN’S GUIDE

INTERNSHIP PROGRAM

PAGE PROGRAM

PUBLICATIONS

PHOTO GALLERY

CAPITOL HISTORY

HOW A BILL BECOMES LAW

CONTACT

SENATE ROSTER

HOUSE ROSTER

PUBLIC INFO.

NEWS RELEASES

HELPFUL LINKS

Engrossed Version

House Bill 5319 History

OTHER VERSIONS
-

Committee Substitute (1)

|

Introduced Version

|

|
Email

Key:
Green
= existing Code.
Red
= new code to be enacted

WEST virginia legislature
2026 regular session
ENGROSSED
Committee Substitute
for
House Bill 5319
By Delegates Chiarelli and Browning
[Originating in the Committee on the Judiciary; Reported on February 25, 2026]

A BILL to amend and reenact §61-6-18 of the Code of West Virginia, 1931, as amended, relating to public camping on certain public property; creating findings; creating definitions; creating warnings and misdemeanor offenses for camping or storing property on certain public property; clarifying that each day constitutes a new violation; requiring certain notifications to a person unlawfully camping; providing certain exceptions for violations; and creating criminal penalties.
Be it enacted by the Legislature of West Virginia:

ARTICLE 6. CRIMES AGAINST THE PEACE.

§61-6-18. Camping upon governmental
or public property,
grounds or lawns;
definitions;
penalties; public nuisance;
exceptions.

(a) It is the purpose of this article to prevent harm to the health and safety of the public and to promote the public health, safety and general welfare by keeping public streets, sidewalks, parks, and other public property within the municipality, county, or the state readily accessible to the public and to prevent use of public property for camping purposes or storage of personal property where those uses interfere with the rights of others to use the areas for the purposes for which they were intended or create health and safety concerns.

(b) The following definitions are applicable in this section unless the context otherwise requires:

"Camp or camping" means to pitch, erect or occupy camp facilities, or to use camp paraphernalia or both for the purpose of habitation, as evidenced by the use of camp paraphernalia.
"Camp facilities" include, but are not limited to, tents, huts, and temporary shelters.
"Camp paraphernalia" includes, but is not limited to, backpacks, bags, rucksacks, tarps, cots, beds, sleeping bags, blankets, mattresses, hammocks or portable cooking facilities and similar equipment.
"Park" means any real property, building, structure, equipment, sign, shelter, swimming pool, vegetation, playground, or other physical property owned or controlled by a municipality, county, or the state for park purposes. Park or park facility includes all associated areas including, but not limited to, parking lots for parks and pools.
"Personal property" means an item that is: (1) Reasonably recognizable as belonging to a person; (2) in its present condition has apparent utility and/or value; and (3) not hazardous or unsanitary.
"Public property" means property owned, controlled, or maintained by the government of a municipality, county, or the state, including its subordinate agencies, boards, commissions, or other subdivisions.
"Street" means streets, avenues, boulevards, highways, roads, lanes, alleys and all public ways provided that such term also includes unopened or unimproved public rights of way not designated for vehicular travel and all parts of any street, highway, or alley on which vehicular travel is prohibited or restricted.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

"Trail" means a public path constructed for the primary purpose of allowing recreational non-motorized transportation, recreational transportation with electric bicycles as defined by state or federal law, or nonrecreational transportation by foot, bicycle, or similar means.

(c)
If any person
shall go

goes
upon the ground or lawn surrounding or adjacent to: (1) The State Capitol building or any state office building which is a part of the State Capitol complex; or (2) a county courthouse; or (3) any municipal office building where the principal business of the municipality is conducted, which ground or lawn is owned by or leased to the State of West Virginia, the county, or such municipality, as the case may be, and place, erect or construct or attempt to place, erect or construct for himself
or herself
or others shelter accommodations thereon or use any such erected shelter accommodations, without the written permission first had and obtained of the Governor, the county court, or the governing body of the municipality, as the case may be, he
or she

shall be

is
guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $25 nor more than $100, or by
imprisonment

confinement
in jail for not more than 30 days, or
in the discretion of the court
by both such fine and
imprisonment

confinement,
and any such shelter accommodations are hereby constituted a public nuisance which may be abated at the expense of any such person. Each day upon which any violation of the provisions of this section continues shall constitute a separate offense.
(d) In addition to the prohibitions described in subsection (c) of this section, it is unlawful for any person to camp in or to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise specifically authorized pursuant to this code or other applicable law: any street, park, trail, or any public property, improved or unimproved.
(1) Any person who commits a first violation of any provision of this subsection shall be given a written warning describing the violation and providing information about resources to obtain assistance in seeking alternate shelter;
(2) Any person who commits a second violation of any provision of this subsection is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than $200;
(3) Any person who commits a third violation of any provision of this subsection within 12 months of the first violation is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than $500, confined in jail not more than 30 days, or both fined and confined;
(4) Each day that a violation continues shall be considered a separate offense;
(5) A person illegally camping in violation of the provisions of this subsection will be given known alternative locations, should the same exist, where the person may shelter overnight, including, but not limited to, a place in an emergency shelter or any alternate indoor or outdoor locations where the person may sleep overnight:
Provided
, That the availability of or transportation to such locations shall not negate the provisions of this subsection.
(e) The following areas or circumstances are exempt from the prohibitions in subsection (d) of this subsection:
(1) Persons lawfully camping within campgrounds or trailer parks specifically designated and approved for such use pursuant to applicable laws;
(2) Persons camping in a lawful manner prescribed by §20-1-1
et seq.
of this code or any rules promulgated thereunder; or
(3) Persons lodging or residing overnight in a motor vehicle that is registered, insured, and located in a place where it may lawfully be.

Bill Status
|

Bill Tracking
|

Legacy WV Code
|

Bulletin Board
|

District Maps
|

Senate Roster
|

House Roster
|

Live
|

Blog
|

Jobs
|

Links
|

Home

This Web site is maintained by the
West Virginia Legislature's Office of Reference & Information.
|
Terms of Use
|

Webmaster
| © 2026 West Virginia Legislature **

Print On Demand

Name:

Email:

Phone: