Kim Smith, Coordinator
West Virginia Department of Environmental Protection
601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0499 x49763
Toll Free: (800) 322-5530
Unlawful to Pick Wildflowers
It is illegal to pick roadside flora along West Virginia highways. The following is an excerpt from the law-making this act illegal:
WEST VIRGINIA LAW §31-3-48 (a) It is unlawful to break, cut, take or carry away, or in any manner damage any of the shrubbery or flowers,
including everything under the title of flora, whether wild or cultivated, growing within one hundred yards on either side of any public road in this state,
without the permission in writing of the owner or tenant of the land upon which the shrubbery or flowers, including everything under the title of flora, are growing.
(c) It is unlawful for any person willfully or knowingly to have in his possession, or to haul along any public road in this state, any trees, shrubbery, or flowers,
including everything under the title of flora, which are protected by this section, unless the person so having in his possession or hauling the trees, shrubbery or
flowers and any plant, has permission in writing so to do from the owner or tenant of the land from which they have been taken. (f) Any person who violates the provisions
of subsection (a) or (c) of this section shall be guilty of a misdemeanor, and, upon conviction thereof, for the first offense shall be fined not more than fifty dollars,
or both, for each offense.