Introduced Version
Senate Bill 49 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 49
(By Senators Rowe, Hunter, Fanning and Snyder)
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[Introduced January 14, 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 allowing counties adopting a
flood plain ordinance to designate a flood plain enforcement
agency.
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 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 this
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 this
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 this
act, the
county commission of each county is hereby authorized and empowered
to: (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 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 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 this
act: Provided, That no such building
code adopted by a county commission shall apply within nor any
authority hereinabove granted exercised by a county commission
within the corporate limits of any municipality which has taken
appropriate action to comply with such this
act, unless and until
such
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.
(e) The county commission may designate a flood plain enforcement agency which shall consist of the following:
(1) The county assessor or designee shall determine whether
proposed development will occur in a specified area by using
information collected in issuing building permits, information from
notices required in section three-a, article three, chapter eleven
of this code and section three-p of this article;
(2) The president of the county commission, the president of
the planning commission or the county administrator, or his or her
designee, as determined by the county commission shall serve as
county flood plain manager and administer all development
determined to be within the specified area in accordance with the
ordinance requirements. The person determined to be the county
flood plain manager shall complete the training recommended under
the national flood insurance program within two months of
selection;
(3) The director of the county office of emergency services
shall be responsible for providing information and assistance to
the flood plain manager after a flooding event;
(4) The county surveyor or the county engineer, shall provide
field inspections of permitted development and technical assistance
as requested by the flood plain manager;
(5) The prosecuting attorney shall serve as an ex officio
member of the enforcement agency and shall be responsible for
seeking injunctive relief when appropriate; and
(6) The county sheriff shall serve as an ex officio member of
the enforcement agency and shall be responsible for enforcing the
orders of the county commission under the provisions of this
section.
It is the responsibility of the elected officials and the
staff of the enforcement agency to ensure that any new development
complies with the county flood plain ordinance.
NOTE: The purpose of this bill is to allow counties adopting
a flood plain ordinance to designate a flood plain enforcement
agency.
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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