Senate Bill No. 340
(By Senators Bowman, Bailey, Rowe and Kessler)
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[Introduced January 24, 2003; referred to the Committee on
Government Organization.]
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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 county commission
authority to restrict building in designated floodplain or
mudslide areas.
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. Floodplain 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 floodplain or mudslide area,
areas identified by the county commission as having a flood hazard,
or areas within which control over construction and improvements
must be exercised in order to
comply with such act protect the
public health, safety and welfare.
(c) To the extent
and only to the extent necessary to comply
with
or exceed 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 may not 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 necessary under
such that act:
Provided, That
no
such building code adopted by a county commission
shall may
apply within nor any authority
hereinabove granted
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 fails to
provides provide adequate floodplain protection 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 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 impose building restrictions in certain designated floodplain or
mudslide areas which are more stringent that the federally mandated
minimum standards, in order to obtain lower federal flood insurance
rates.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
This bill is recommended for passage during the 2003 regular
session by the Joint Standing Committee on Government Organization.
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