From West Virginia's countryside and rolling hills to its rocky streams, West Virginia legislatures have passed laws to protect the commercial agriculture farming and fishing industries. Property tax and exemption laws, environmental laws and employment laws establish barriers for agricultural farms and fishing, society and law enforcement. Many departments are involved in enforcing these laws, including the Department of Labor, Department of Environmental Protection and most importantly, the Department of Agriculture.
Subsidies to help
In West Virginia, commercial agriculture and fishing farms have begun to struggle as the economy tightens. When price influences and fluctuations become an issue, West Virginia issues subsidies to help farms that are financially unstable. This provides relief, especially because farms are exposed to unfair property taxes and assessments due to the amount of land a farmer might own.
Property Tax Laws
Because commercial agriculture and fishing farms can be exposed to unfair property taxes and assessments, West Virginia's Department of Agriculture created the Farm Use Valuation Process and Application. This application asks for total acreage owned, total rented, what you grow, what you raise and essentially everything that you are using your farm for. This application is very important because if not filled out and filed on or before the deadline, your property will be appraised at fair market value. Failing to fill out this form could greatly raise your property taxes.
Tax Exemption Laws
The state of West Virginia recognizes the expenses farms incur and has established tax exemption laws to help provide relief. Tax exemptions are given for all personal property or taxable services if purchased in connection with the use or consumption of commercial agricultural products. For example, a farmer can purchase feed for animals or fish or even pay for repairs to a fishpond or tractor without paying sales tax or any other tax. Each farmer has to obtain a West Virginia Sales and Service Tax and Use Tax Exemption Certificate to be kept on file.
Environmental Laws
West Virginia passed environmental state laws to protect the environment from harm and costs farms could otherwise inflict. For example, each commercial agriculture and fishing farm in West Virginia must fill out the Large Quantity Water User Registration form. This form is filed with the Department of Environmental Protection and holds you accountable for your farm's water consumption and waste. The form collects information such as a brief description of where you will discharge waste, requires that you define your type of water use and what your five-year plan is to conserve water.
Employment Laws
Employment in the commercial agriculture farming and fishing industries is hard labor with long hours. Because of the level of knowledge and experience needed, farms are susceptible to immigrant and minor workers. West Virginia enforces the Fair Labor Standards Act, which established a national minimum wage, guaranteed overtime pay for certain positions and prohibited oppressive child labor. In West Virginia, farms are allowed to employ minors, but only under certain stipulations. During school hours, minors must be at least 16 years old; but after school hours, minors can be employed at 14 years or even as young as 12 if parental consent is received.
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