WEST virginia legislature

2020 regular session

Introduced

House Bill 4520

By Delegates Atkinson, Sypolt, Westfall, Tomblin, Cooper, Hartman, Hott, Cadle, Dean, D. Kelly and D. Jeffries

[By Request of the Division of Natural Resources]

[Introduced January 23, 2020; Referred to the Committee on Agriculture and Natural Resources]

A BILL to amend and reenact §20-5-3 of the Code of West Virginia, 1931, as amended, relating to the North Bend Rail Trail, Greenbrier River Rail and the Elk River Trail.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5. PARKS AND RECREATION.

§20-5-3. Section of parks and recreation; purpose; powers and duties generally.

The purposes of the section of parks and recreation shall be to promote conservation by preserving and protecting natural areas of unique or exceptional scenic, scientific, cultural, archaeological or historic significance, and to provide outdoor recreational opportunities for the citizens of this state and its visitors. It shall be  the duty of The section of parks and recreation to have has within its jurisdiction and supervision:

(a) All state parks and recreation areas, including all lodges, cabins, swimming pools, motorboating, and all other recreational facilities therein, except the roads heretofore transferred pursuant to §17-4-1 et seq. of this code to the state road system and to the responsibility of the Commissioner of Highways with respect to the construction, reconstruction, and maintenance of the roads or any future roads for public usage on publicly owned lands for future state parks, state forests, and public hunting and fishing areas;

(b) The authority and responsibility to do the necessary cutting and planting of vegetation along road rights-of-way in state parks and recreational areas;

(c) The administration of all laws and regulations relating to the establishment, development, protection, use and enjoyment of all state parks and state recreational facilities consistent with the provisions of this article;

(d) The continued operation and maintenance of the Berkeley Springs Historical State Park, in Morgan County, as a state recreational facility, designated the Berkeley Springs sanitarium under prior enactment of this code;

(e) The continued operation and maintenance of that portion of Washington Carver camp in Fayette County formerly incorporated within the boundaries of Babcock State Park;

(f) The continued operation and maintenance of Camp Creek State Park as a state recreational facility, formerly delineated according to §19-1A-3 of this code;

(g) The continued operation and maintenance of Moncove Lake State Park as a state recreational facility, formerly delineated pursuant to enactment of §5B-1-13 of this code in 1990;

(h) The continued protection, operation and maintenance of approximately seventy-five miles of right-of-way along the former Greenbrier subdivision of the Chessie railroad the right-of-way along the former Greenbrier subdivision of the CSX railway system, between Caldwell in Greenbrier County and Cass in Pocahontas County collectively designated as the Greenbrier River Trail, including the protection of the trail from motorized vehicular traffic and operation for the protection of adjacent public and private property;

(i) The continued protection, operation and maintenance of approximately sixty and fifty-seven one-hundredths miles of the right-of-way of the CSX railway system, between Walker in Wood County and Wilsonburg in Harrison County designated as the North Bend Rail Trail, including the protection of the trail from motorized vehicular traffic and operation for the protection of adjacent public and private property; and

(j) The continued development, operation and maintenance of Blennerhassett Island Historical State Park, including all the property, powers and authority previously held by the Blennerhassett Island Historical State Park Commission formerly delineated pursuant to §29-8-1 et seq. of this code.

(k) The continued protection, operation, and maintenance of the rights-of-way of the Elk River Coal & Lumber Railroad, the Buffalo Creek & Gauley Railroad, and the Middle Creek Spur, collectively designated as the Elk River Trail, including the protection of the trail from motorized vehicular traffic and operation for the protection of adjacent public and private property.

NOTE: The purpose of this bill is to add the protection, operation and maintenance of the Elk River Trail as part of the Division of Natural Resources, Parks and Recreation Section and to update language related to the Greenbrier River Trail and North Bend Rail Trail.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.