COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 231
(By Senators Plymale, McCabe, Jenkins, Rowe and White)
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[Originating in the Committee on Government Organization;
reported January 29, 2004.]
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A BILL to amend and reenact §7-1-3v of the code of West Virginia,
1931, as amended, relating to county commissions generally;
authorizing county commissions to identify flood plain areas
to protect health, safety and welfare; and permitting county
commissions to establish a flood plain enforcement agency to
enforce building codes necessary to comply with the
requirements of the National Flood Insurance Act.
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:
(1) it 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
(2) Municipalities presently are vested with all statutory
power and authority necessary in this regard; and
that the
(3) The purpose of this section is to authorize and empower
the
several counties of this state to comply with
such the
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 the act as a flood plain or mudslide area or
areas
and flood plain area or areas identified by the county
commission within which control over construction,
development and
improvements must be exercised
in order to comply with such act to
protect health, safety and welfare.
(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 the act, the
county commission of each county
is hereby authorized and empowered
to may:
(i) adopt (1) 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;
(ii) require (2) Require and issue
building permits for all
proposed construction,
development or other improvements in
such
the county;
Provided, That nothing contained in this subdivision
(ii) shall authorize 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 county
(3) Exceed the requirements of the act if the county
determines higher standards are necessary for the protection of
life, safety and property;
(iii) conduct (4) Conduct inspections of construction,
development and other improvements in a specified area or areas
within
such the county; and
(iv) otherwise take such (5) Take other action and impose
such
other requirements regarding land use and control measures
in a
specified area or areas within
such the county as
shall be is
necessary under
such the act:
Provided, That
no such a county
commission may not refuse to issue a permit for any proposed
construction, development or other improvement outside of a
specified area or areas within the county and no building code
adopted by a county commission
shall may apply
within nor any
authority
hereinabove granted
to a county commission may be
exercised by a county commission within the corporate limits of any
municipality which has taken appropriate action to comply with
such
the act, unless
and until such the municipality
so provides by
ordinance fails to provide adequate flood plain regulation by
municipal ordinance to comply with the act.
(d) 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)
of this section may be enforced
by injunctive action in the circuit court of the county.
(e)
A county commission may establish an enforcement agency to
assure that any new construction, development or other improvement
is properly permitted. The agency shall consist of the following:
(1) The president of the county commission or his or her
designee;
(2) The county assessor or his or her designee;
(3) The director of the county office of emergency services;
(4) The county surveyor or county engineer or other
technically qualified county employee;
(5) The prosecuting attorney or an assistant prosecuting
attorney for the county who serves as an ex officio member of the
enforcement agency and the county officer charged with processing
injunctive actions; and
(6) The county sheriff who serves as an ex officio member of
the enforcement agency and the county officer charged with
enforcing the orders of the county commission under this section.
(f) 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.
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(NOTE: The purpose of this bill is to permit county
commissions to identify flood plain areas necessary to comply with the requirements of the National Flood Insurance Act and for the
protection of life, safety and property and create a flood plain
enforcement agency to enforce building codes within the county.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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