Introduced Version House Bill 3074 History

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hb3074 intr

(By Delegates Staton, Browning, H. White and Moore )

[Introduced March 16, 2005 ; referred to the committee on the Judiciary.]

A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-1A-10, relating to the installation of obstructions or structures in perennial watercourses without a permit issued by the public land corporation; criteria for the granting of permit applications; definition of the term structure; penalty for violations; promulgation of emergency rules.

Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §20-1A-10, to read as follows:
§20-1A-10. Installation of obstructions in perennial watercourses.

(a) It shall be unlawful for any person to install, establish, construct, erect, or modify any structure, in, over, under or along any perennial watercourse or alter a perennial watercourse in anyway that diverts, changes, channels, spans, deflects, obstructs, abuts, blocks or restricts the flow of water except under a permit issued by the public land corporation: Provided, That the provisions of this section may not be construed to amend or limit any riparian rights and remedies created by statute or common law in existence on the date of the enactment of this section.
(b) No permit shall be granted by the public land corporation until a written application is made and the applicant has filed with the application, the written opinion of a civil engineer certified by the board of registration for professional engineers or a geologist or hydrologist certified by a nationally recognized association of geologists or hydrologists, that the proposed structure is designed and sized in accordance with legislative rules promulgated by the director of the division of natural resources pursuant to article three, chapter twenty-nine-a of this code.
(c) For the purpose of this section, the term "structure", includes, but is not limited to, culverts, crossings, bridges, bridge abutments or piers, pipelines, and drainage pipes.
(d) Any person in violation of subsection (a) is guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars.
(e) The director of the division of natural resources shall promulgate emergency rules, and propose for legislative promulgation, legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this section.

Note: This bill requires a permit issued by the Public Land Corporation prior to the installation of any structure that obstructs or spans a perennial watercourse or any change to the banks of a perennial watercourse under penalty of fine. The purpose of the bill is to regulate changes to perennial watercourse that may result in an increased likelihood of flooding.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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