Senate Bill No. 231
(By Senators Plymale, McCabe, Jenkins, Rowe and White)
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[Introduced January 20, 2004; referred to the Committee on
Government Organization.]
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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;
permitting county commissions to create a flood plain
enforcement agency to enforce building codes as are necessary
to comply with the requirements of the National Flood
Insurance Act; and including county commission-identified
flood plain areas as areas within a county commission's
building regulation and enforcement authority.
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
and flood plain areas identified by the county commission
within which control over construction 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 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; (ii) 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 (iii)
exceed the
requirements of that act if the county determines higher standards
are necessary for the protection of life, safety and property; (iv)
conduct inspections of construction and other improvements in a
specified area or areas within
such the county; and,
(iv) (v)
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 a county commission may not refuse to issue
a building permit for any proposed construction 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 that 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. 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 county commission may designate an enforcement agency
which 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 who serves as an ex officio
member of the enforcement agency and the county officer charged
with processing injunctive actions.
(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.
The members of the designated enforcement agency and its staff
are responsible for assuring that any new development is properly
permitted.
(e) 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 permit county commissions
to create a flood plain enforcement agency to enforce building
codes within the county including county commission identified flood plain areas as may be necessary to comply with the
requirements of the National Flood Insurance Act and for the
protection of life, safety and property.
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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