WEST virginia Legislature
2017 regular session
By
[
to the Committee on Political Subdivisions then Government Organization.
A BILL to amend and
reenact §8-26A-3 of the Code of West Virginia, 1931, as amended, relating to
the approval of the Historic Landmarks Commission for certain municipal
planning commission projects within a historic district designated by listing
on the National Register of Historic Places.
Be it enacted by the
Legislature of West Virginia:
That §8-26A-3 of the
Code of West Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE 26A. MUNICIPAL
AND COUNTY HISTORIC LANDMARKS COMMISSIONS.
§8-26A-3. Legislative
intent; conflict between regulations of zoning district and historic district
and properties.
(a) The historic district and property regulation
provided in this article is intended to identify, study, preserve and protect
historic buildings and structures, sites and districts, some of which are
located in zoning districts. Historic properties and districts lying within the
boundaries of a zoning district are subject to the regulations for both the
zoning district and historic district and properties. If there is a conflict
between the requirements of the zoning district and the requirements of the
historic district or property, the zoning district requirements apply.
(b) Notwithstanding
subsection (a) of this section, when a municipal planning commission proposes
demolition or construction projects within a historic district designated by
listing on the National Register of Historic Places or a project affecting individual
properties listed, it must secure the approval of the historic landmarks
commission, if one exists.
NOTE: The purpose of this bill is
to require the approval of the Historic Landmarks Commission for certain Municipal
Planning Commission projects within a historic district designated by listing
on the National Register of Historic Places.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.