H. B. 2209
(By Delegates Clements, Stalnaker, Warner,
Cann, Varner, Williams and Willison)
[Introduced February 25, 1997; referred to the
Committee Agriculture and Natural Resources.]
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A BILL to amend and reenact section fifteen, article thirteen,
chapter twenty-two of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
allowing landowners to enter small streams and ditches to
remove debris to prevent flooding.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article thirteen, chapter twenty-two
of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted to read as follows:
ARTICLE 13. NATURAL STREAMS PRESERVATION ACT.
§22-13-15. Exceptions as to criminal liabilities.
(a) The criminal liabilities provided for in section
fourteen of this article may not be imposed for any violation
resulting from accident or caused by an act of God, war, strike,
riot or other catastrophe as to which negligence or willful conduct on the part of such the person was not the proximate
cause.
(b) Additionally, notwithstanding any other provision of
this code to the contrary, landowners are allowed to enter small
streams and ditches for the purpose of removing debris to prevent
the flooding of their homes and property, without incurring any
criminal or civil liabilities whatsoever.
NOTE: The purpose of this bill is to allow landowners to
enter small streams and ditches for the purpose of removing
debris to prevent flooding.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.