ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 590
(By Senators Rowe and Caldwell)
____________
[Originating in the Committee on Government Organization;
reported April 4, 2001.]
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A BILL to amend and reenact section three-v, article one, chapter
seven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to authorizing
county
commissions to establish different building requirements in a
flood plain so property owners
can receive lower rates for
federal flood insurance.
Be it enacted by the Legislature of West Virginia:
That section three-v, article one, chapter seven of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3v. Flood plain and mudslide area management; legislative
findings; power and authority; enforcement; provisions
cumulative.
(a) The
legislature Legislature hereby finds and declares that
it is imperative that municipalities and counties in this state be fully authorized and empowered to take all action necessary to
comply with the requirements of the National Flood Insurance Act of
1968 (Public Law 91-152), as amended by the Congress of the United
States through the fifteenth day of February, one thousand nine
hundred seventy-five; that municipalities presently are vested with
all statutory power and authority necessary in this regard; and
that the purpose of this section is to authorize and empower the
several counties of this
State state to comply with
such these
requirements.
(b) As used in this section:
(1) "Act" means the National Flood Insurance Act of 1968
(Public Law 91-152), as amended by the Congress of the United
States through the fifteenth day of February, one thousand nine
hundred seventy-five; and
(2) "Specified area or areas" means the area or areas
specified under
such that act as a flood plain or mudslide area or
areas within which control over construction and improvements must
be exercised in order to comply with
such that act.
(c) To the extent
and only to the extent necessary to comply
with the eligibility requirements of and otherwise fully and in all
respects to comply with the requirements of
such that act, the
county commission of each county is hereby authorized and empowered
to
:
(i) (1) adopt Adopt, administer and enforce building codes for
a specified area or areas within
such the county, which building
codes may establish different requirements for different specified areas,
including setting different building requirements in
different levels of a flood plain in order to allow property owners
to obtain the lowest appropriate rate for federal flood insurance;
(ii) (2) require Require and issue building permits for all
proposed construction or other improvements in
such the county:
Provided, That nothing contained in this subdivision
(ii) shall
authorize authorizes a county commission to refuse to issue a
building permit for any proposed construction or other improvement
outside of a specified area or areas within
such the county;
(iii) (3) conduct Conduct inspections of construction and
other improvements in a specified area or areas within
such the
county; and
(iv) (4) otherwise Otherwise take
such action and impose
such
requirements regarding land use and control measures in a specified
area or areas within
such the county as
shall be is necessary under
such that act:
Provided, That no
such building code adopted by a
county commission
shall may apply within nor any authority
herein
above granted
in this section exercised by a county commission
within the corporate limits of any municipality which has taken
appropriate action to comply with
such that act, unless
and until
such the municipality so provides by ordinance. Any
such building
code adopted by a county commission and any other requirements
imposed by a county commission under the provisions of this
subsection
(c) may be enforced by injunctive action in the circuit
court of the county.
(d) The power and authority conferred upon county commissions in this section is supplemental to and not in derogation of any
power and authority heretofore or hereafter conferred by law upon
county commissions.