H. B. 2363
(By Delegates Spencer, Pino, Amores and Palumbo)
[Introduced February 15, 2005; referred to the
Committee on Political Subdivisions then Government
Organization.]
A BILL to amend and reenact §7-1-3v of the Code of West Virginia,
1931, as amended, relating to county commissions making flood
insurance available to property owners.
Be it enacted by the Legislature of West Virginia:
That §7-1-3v of the Code of West Virginia, 1931, 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 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 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 may: (i) 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,
such as setting different building restrictions in different
levels of a flood plain in order to allow property owners to secure the lowest appropriate rate for federal flood insurance; (ii)
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) conduct inspections of
construction and other improvements in a specified area or areas
within
such the county; and (iv) 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, however, 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.
NOTE: The purpose of this bill is to clarify that county
commissions may make affordable flood insurance available to
property owners by setting different building restrictions in
different levels of a flood plain.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.