Can you tap maple trees on public land in West Virginia?

West Virginia's state parks, state forests and wildlife-management-area recreation areas share one public-use rule (58 CSR 31), but its text could not be opened in this session (the Secretary of State's rule portal and Cornell LII pages returned only indexes), so the specific plant-protection wording is not confirmed. No DNR or Division of Forestry maple tapping permit or lease program was found. The general statute applies: entering land without the owner's written permission to "cut, damage or carry away" trees or any "growing plant or product of any growing plant" carries three times the value (W. Va. Code § 61-3-48a). Ask the state forest superintendent before tapping.

Same rule series (58 CSR 31) and same gap — the text was not read, so the park-specific prohibition is not confirmed. Treat state parks as closed to tapping unless the superintendent authorizes it in writing.

The Monongahela National Forest's permits page says a permit is required "for collecting forest products for commercial purposes, including ginseng, pinecones or seeds, maple sap, etc." It does not say whether personal-use tapping is allowed without one (not confirmed) — the federal baseline prohibits damaging or removing any tree or forest product without authorization (36 CFR 261.6), so ask the district office before drilling.

Forests in West Virginia: Monongahela National Forest

Town, county and roadside trees

County and municipal parks and street trees need the local government's written permission; § 61-3-48a's written-permission requirement applies to any owner. No local tapping programs were surveyed.

Private land you don't own

Get written permission — West Virginia's statute specifically requires it. Anyone who enters another's land "without written permission from the owner" to cut, damage or carry away timber, trees, fruit, nuts, any "growing plant or product of any growing plant" is liable for three times the value, on top of other penalties (W. Va. Code § 61-3-48a). The statute doesn't name sap, but "product of any growing plant" is broad. UVM Extension's annotated sugarbush lease is a usable template for the written agreement.

Lease rates seen in the sources: No West Virginia-specific survey was opened. UVM Extension's 2019 northeastern survey found private rents most commonly $1.00–$1.24 per tap per year ("Maple Rental Rates," January 2020).