Mushroom foraging laws in West Virginia

Summary

West Virginia state parks, state forests and wildlife management areas bar removing any natural object, material or plant without written authorization, and the rule does not mention mushrooms. Ask the Division of Natural Resources before you pick. Restaurants and stores may sell wild-picked mushrooms only with approval, and farmers markets may not sell them.

Public land

Rule 58 CSR 31 section 2.2 says no person shall remove any natural object, material, substance, or plant from a state park, state forest, or state wildlife management area, except items legally taken by hunting or fishing or with written authorization from the Chief of Parks and Recreation. Mushrooms are not named and the rule does not define 'plant'. Because the rule says 'natural object', assume it can cover mushrooms and ask the Division first. Federal lands follow their own rules.

Permits

Written authorization from the Chief of Parks and Recreation, Division of Natural Resources, is required for removals the rule covers.

Selling

West Virginia's food establishment rule (64 CSR 17) adopts the 2013 federal Food Code. Under that code, a food establishment may not sell or serve wild-picked mushrooms unless it has been approved to do so. The state agriculture department's farmers market rule says wild-harvested mushrooms may not be sold at farmers markets.

Sources

• West Virginia 58 CSR 31-2 General Rules for Public Use of State Parks, Forests (DNR)
• West Virginia 64 CSR 17-3 Food Establishments (adopts 2013 Food Code)
• FDA Food Code 2013, section 3-201.16 Wild Mushrooms
• West Virginia 61 CSR 38-6 Farmers Markets (Dept. of Agriculture)

Last verified: November 11, 2026