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Chapter 20     Entire Code


ARTICLE 1. ORGANIZATION AND ADMINISTRATION.

ARTICLE 1A. REAL ESTATE MANAGEMENT AND PROCEDURES.

ARTICLE 2. WILDLIFE RESOURCES.

ARTICLE 2A. VOLUNTARY WILDLIFE CHECK-OFF PROGRAM.

ARTICLE 2B. WILDLIFE ENDOWMENT FUND.

ARTICLE 2C. INTERSTATE WILDLIFE VIOLATOR COMPACT.

ARTICLE 3. FORESTS AND WILDLIFE AREAS.

ARTICLE 3A. SKIING RESPONSIBILITY ACT.

ARTICLE 3B. WHITEWATER RESPONSIBILITY ACT.

ARTICLE 4. EQUESTRIAN ACTIVITIES RESPONSIBILITY ACT.

ARTICLE 5. PARKS AND RECREATION.

ARTICLE 5A. WATER POLLUTION CONTROL ACT.

ARTICLE 5B. NATURAL STREAMS PRESERVATION ACT.

ARTICLE 5C. WEST VIRGINIA WATER DEVELOPMENT AUTHORITY.

ARTICLE 5D. DAM CONTROL ACT.

ARTICLE 5E. HAZARDOUS WASTE MANAGEMENT ACT.

ARTICLE 5F. SOLID WASTE MANAGEMENT ACT.

ARTICLE 5G. HAZARDOUS WASTE EMERGENCY RESPONSE FUND.

ARTICLE 5H. WEST VIRGINIA UNDERGROUND STORAGE TANK ACT.

ARTICLE 5I. WATER POLLUTION CONTROL REVOLVING FUND ACT.

ARTICLE 5J. MEDICAL WASTE ACT.

ARTICLE 5K. COMMERCIAL INFECTIOUS MEDICAL WASTE FACILITY SITING APPROVAL.

ARTICLE 5L[RESERVED FOR FUTURE USE.]

ARTICLE 5M. WEST VIRGINIA GROUNDWATER PROTECTION ACT.

ARTICLE 5N. SOLID WASTE LANDFILL CLOSURE ASSISTANCE PROGRAM.

ARTICLE 6. WEST VIRGINIA SURFACE COAL MINING AND RECLAMATION ACT.

ARTICLE 6A. LIMITATIONS ON SURFACE MINING.

ARTICLE 6B. INTERSTATE MINING COMPACT.

ARTICLE 6C. ABANDONED MINE RECLAMATION ACT.

ARTICLE 6D. SURFACE MINING AND RECLAMATION OF MINERALS OTHER THAN COAL (REPEALED).

ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.

ARTICLE 7A. CAVE PROTECTION.

ARTICLE 8. GENERAL AND MISCELLANEOUS PROVISIONS.

ARTICLE 9. BOAT DOCK AND MARINA SAFETY REQUIREMENTS -- THE MICHAEL CUNNINGHAM ACT.

ARTICLE 10. COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITY SITING BOARD.

ARTICLE 10A. HAZARDOUS WASTE FACILITY SITING APPROVAL.

ARTICLE 11. WEST VIRGINIA RECYCLING PROGRAM.

ARTICLE 12. CONSERVATION AND PRESERVATION EASEMENTS.

ARTICLE 13. WEST VIRGINIA STREAM PARTNERS PROGRAM.

ARTICLE 14. HATFIELD-MCCOY REGIONAL RECREATION AUTHORITY.

ARTICLE 15. ATV RESPONSIBILITY ACT.

ARTICLE 16. NONPROFIT ADVENTURE AND RECREATIONAL ACTIVITY RESPONSIBILITY ACT.

ARTICLE 4A. SKIN AND SCUBA DIVING.

§20-4A-1. Waters where diving is permitted; exceptions.

(a) Skin and scuba (self-contained underwater breathing apparatus) diving is permitted in all waters in this state, including natural and artificial lakes, except in the following areas:

(1) Within one hundred feet of boat ramps, controlled swimming areas, marina areas and fishing piers marked for use by physically disabled persons;

(2) Designated hazards areas;

(3) Areas near dams and outlet structures in artificial lakes;

(4) Heavily traveled boat lanes;

(5) Narrow channels; and

(6) Areas where visibility is obscured.

(b) The provisions of this section shall not apply to professional skin or scuba divers engaged in demolition, salvage, construction, rescue or repair work in the regular course of their business.

§20-4A-2. "Diver down" flag required; flag specifications.

(1) No person may skin or scuba dive in any waters of the state that are used by motorboats unless the diving area is marked by one "diver down" flag displayed at all times while a diver is in the water.

(2) The "diver down" flag shall be a red field with a white diagonal stripe not less than one and one-half inches wide running upper left to lower right. The dimensions of the flag shall be not less than ten inches by ten inches and the top of the flag shall be at least three feet above the surface of the water.

(3) The "diver down" flag shall be anchored and affixed to a separate flotation device. No such flag may be attached to any navigational device or placed so as to obstruct boat traffic.

(4) A diver must surface within one hundred feet of the "diver down" flag marking his diving area.

§20-4A-3. Penalties.

Any person violating any of the provisions of this article is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $20 nor more than $300, or confined in jail not less than ten nor more than one hundred days, or both fined and imprisoned.

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